The Supreme Court on Wednesday dismissed a plea by the Kerala government for withdrawal of a criminal case against some LDF MLAs in connection with a ruckus in the state Assembly in 2015, saying allowing prosecution to be withdrawn would amount to interference in normal course of justice for “illegitimate reasons”.
A bench of justices D Y Chandrachud and M R Shah observed that right to free speech and privileges of lawmakers do not extend them immunity against criminal law. It said that destruction of public property cannot be equated to an exercise essential to discharge of functions as members of the House.
The state assembly had witnessed unprecedented scenes on March 13, 2015 as LDF members, then in opposition, tried to prevent then finance minister K M Mani, who was facing allegations in the bar bribery scam, from presenting the state budget. Besides flinging the speaker’s chair from the podium, electronic equipment like computers, keyboards and mikes on the desk of the presiding officer were also allegedly damaged by the then LDF members.
In its plea filed in the apex court against the March 12 order of the high court, the Kerala government had claimed that the high court had failed to appreciate that the alleged incident had occurred while the Assembly was in session and no crime could have been registered “without previous sanction” of the Speaker.
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