In a setback to the CPI(M) and CPI, the Supreme Court on Wednesday ruled that six of their MLAs in Kerala must be prosecuted for damaging Assembly property while protesting against the budget presentation in 2015. The bench of Justices DY Chandrachud and MR Shah ruled that “committing destruction of property cannot be equated to freedom of speech in the House” and that the six legislators must face prosecution under the Indian Penal Code and Prevention of Damages to Public Property Act for damaging Assembly property in the name of protest.
The court dismissed the special leave petitions filed by the State of Kerala and the six accused legislators and upheld the Kerala High Court’s March order, reported Live Law. The High Court had earlier upheld the Chief Judicial Magistrate’s order dismissing the prosecutor’s petition seeking withdrawal of prosecution.
The apex court bench further ruled that the privileges and immunity granted to the MLAs and MPs in the houses of legislature/ parliament are not a “marker of status which makes them (legislators) stand on an unequal footing”. The court added that these privileges and immunity were not “a gateway to claim exemption from criminal law and that would be a betrayal to citizens”.
The six Left MLAs who will now be tried are Minister for General Education V Sivankutty, former Minister of Higher Education KT Jaleel, former Industries Minister EP Jayarajan and former MLAs K Ajith (CPI), CK Sahadevan and K Kunahammed of the CPI(M). The bench in the order stated that the “act of the members crossed constitutional lines and thus are not covered under immunity and privileges”.
In March 2015, the then Left opposition created ruckus in the Kerala Assembly while protesting against then Finance Minister late KM Mani’s alleged involvement in the bar license scam. A bar owner named Biju Ramesh had alleged that KM Mani had demanded crores as bribe for granting bar licenses, however the Vigilance Department that probed the case, later said that they could not find any evidence against Mani.
The Left-led Kerala government had submitted an application to the Chief Judicial Magistrate of Thiruvananthapuram and later the Kerala High Court to get the criminal charges against the six MLAs withdrawn. However, this application was rejected following which the Kerala Government moved the Supreme Court through a Special Leave Petition.
The bench also came down heavily on the Public Prosecutor stating that the PP is duty bound to act independently. “When an application under Section 325 of CrPC is filed by PP, it should be seen that it is not extraneous to the vindication of the law. In the instant case, it is so,” the order read.
Finally the bench also added that if the criminal acts of the MPs and the MLAs were condoned on the grounds of privileges and immunities granted to legislators, then it would be putting them on a pedestal and treating them differently from the common citizens.