Friday, September 17, 2021

Supreme Court rejects plea by Kerala govt to withdraw cases against MLAs of Left parties for 2015 Assembly vandalism

The Supreme Court today rejected a plea by the Kerala govt to withdraw cases against MLAs of Left parties for 2015 Assembly vandalism. The Bench of Justices DY Chandrachud and MR Shah ruled that the act of the accused CPI(M) MLAs crossed constitutional limits and will, therefore, not be covered under the immunity granted to law makers by the Constitution from criminal prosecution for acts done on the floor of the house.

The Court held that committing destruction of property in the assembly cannot be equated to freedom of speech in the house. The Apex Court further said allowing withdrawal of cases under these circumstances would amount to interference with normal course of justice for illegitimate reasons. The Court, therefore, upheld that Kerala High Court judgment stating that the High Court has correctly held that admissibility of evidence etc will be looked into by the trial court. The Apex Court concluded that they hold there is no merit in the appeals by the Kerala government.

The Apex Court on a petition against a March 12, 2021 order of the Kerala High Court which had dismissed the State’s petition against an order of rejection by the Chief Judicial Magistrate’s Court at Thiruvananthapuram, seeking permission to withdraw prosecution against accused including sitting ministers.

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