New
Delhi:
The Supreme Court of India on Wednesday dismissed a petition filed by the
Kerala Government seeking a direction to withdraw cases against prominent
Communist Party of India (Marxist) leaders for alleged vandalism in the Kerala
State Assembly in 2015 when the current ruling party in the state was in
opposition at the time of the incident.
A
two-judge bench of the top court, headed by Justice Chandrahud and comprising
Justice M R Shah in its judgement said that “there is no immunity/privilege
that protects legislators from criminal law.”
“There
is no merit in the Kerala government's appeal, and the appeal stands dismissed,”
Justice Dr Dhananjaya Chandrachud, leading the bench of the Supreme Court,
said.
The
bench of the top court had reserved the verdict on July 15.
While
dismissing the appeal, Justice Dr Chandrachud observed, “The Acts of vandalism
does not serve public function or come under freedom of speech”.
The
top court said that the withdrawal of cases against the accused persons will be
against public justice and policy.
“Vandalism
and destruction inside the house is not essential for exercising legislative
function,” the top court said.
It
further said that the trial court was correct in rejecting the application to
withdraw the FIR.
Justice
Chandrachud in the judgement also said that the members possess the privilege
that is essential for exercising public functions.
He
added that the privileges of MLA bear a functional relationship to the
discharge of functions of the legislators, but it is not a mark of difference
that places the legislators on a pedestal.
The
privileges and immunity are not a mark of status which makes them stand on an
unequal footing, the Supreme Court said in its judgement.
Senior
lawyer and former Solicitor General (SG) Ranjeet Kumar, appearing for the left
party, had argued before the Supreme Court that the then government was
presenting the budget. There were some protests and both party members
protested and a woman member was hurt.
“Legislative
Secretary filed an FIR against our (Left) party members,” Mr Kumar had said,
The
members of the ruling party were equally at fault. It was a fight between two
parties, Kumar had told the Supreme Court and sought a direction to withdraw
cases against prominent CPI(M) leaders for alleged vandalism in the Kerala
state Assembly in 2015,
To
this, Justice Chandrachud asked Kumar whether it is in the interest of justice
to throw things and damage material at the sanctum sanctorum of a democratic
set-up.
The
top court had in one of its hearings expressed concern over the MPs and MLAs
not properly maintaining the decorum of houses and observed that a strong
message needs to be sent out and such behaviour could not be tolerated.
“Strong
message needs to be sent out and such behaviour could not be tolerated,” the
top court had said, during the course of one of its hearings.
The
petition was filed before the Supreme Court against a March 12, 2021 order of
the Kerala High Court.
The
Kerala High Court had rejected the State's petition challenging the dismissal
by the Chief Judicial Magistrate's Court seeking permission to withdraw
prosecution against the accused persons, including certain sitting ministers.
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