New
Delhi:
Members of Kerala's ruling CPM - including V Sivankutty, the Education and
Labour Minister, and KT Jaleel, the former Higher Education Minister - will
face trial in a case relating to damage of furniture during protests in the
state Assembly in 2015, the Supreme Court said on Wednesday.
The
court came down strongly on the political leaders, underlining that “privilege
and immunity of legislators is not a gate to claim exemption from criminal law”,
and that legislators claiming such privilege amounted to a betrayal of the
trust of Indian voters who elected them to office.
“MPs
and MLAs have to subscribe (and) bear true faith to the Constitution of
India... Committing acts of destroying public property cannot be equated to
freedom of speech. Legislators' privilege and immunity is not a gate to claim
exemption from criminal law,” a two-judge bench of Justices DY Chandrachud and
MR Shah said as it delivered the verdict.
“There
is no merit in the Kerala government's appeals,” the court added.
The
verdict was in response to a Kerala government plea to withdraw cases against
its leaders.
Senior
lawyer and former Solicitor General Ranjeet Kumar, appearing for the state,
argued that legislators from both sides had protested during the incident.
“Members
of the ruling party were equally at fault. It was a fight between two parties,”
he said.
To
this, Justice Chandrachud asked Kumar if it was in the interest of justice to
throw things and damage furniture and equipment inside “the sanctum sanctorum
of a democratic set-up”.
The
top court was unconvinced and slammed the legislators' behaviour, commenting
that they should be held accountable for the unruly and violent acts in the
House.
“What
message are you sending to the public whom you represent? If they are not held
accountable for their unruly and violent acts, there will be no deterrence to this
kind of behaviour,” the court asked.
Predictably,
Kerala BJP chief K Surendran, who was this month summoned by police for
questioning in a case linked to the theft of alleged hawala money, attacked the
ruling CPM after the court's verdict.
“Supreme
Court has slammed Kerala government over Kerala Assembly case... shows how the
Kerala government is functioning. State minister Sivankutty should resign and
face trial, as there are serious charges are against him,” Mr Surendran was
quoted by ANI.
The
Kerala government approached the Supreme Court after the High Court also
declined to withdraw the cases.
Mr
Sivankutty, Mr Jaleel and four ex-MLAs - they were all in the opposition at the
time - broke furniture and microphones during horrific scenes in the Assembly.
Besides flinging the Speaker's chair from the podium, computers on the desk of
the presiding officer were also allegedly damaged.
This
was as then Finance Minister KM Mani, who faced bribery charges, tried to
present the budget.
The
ex-MLAs in the case are EP Jayarajan, K Ajith, CK Sadasivan and K Kunjammed.
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