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Setback for Kerala government; Supreme Court won't stop cases against Left MLAs for 2015 Assembly vandalism

The Apex Court ruled that the act of the accused MLAs will not be covered under the immunity granted to lawmakers from criminal prosecution as they had crossed constitutional limits.

Supreme Court will not stop cases against Left MLAs for 2015 Assembly vandalism-VPN
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New Delhi, First Published Jul 28, 2021, 11:19 AM IST

In a major setback for the Kerala government, the Supreme Court on Wednesday rejected a petition filed by it seeking the court's nod for withdrawing cases against Left leaders in the 2015 Kerala assembly vandalism case.

The Apex Court ruled that the act of the accused MLAs will not be covered under the immunity granted to lawmakers from criminal prosecution as they had crossed constitutional limits.

Out of the six Left leaders accused of vandalism, V Sivankutty is now the Education minister in the present second term of the LDF government. 

EP Jayarajan and KT Jaleel were ministers in the previous LDF government, CPI-M members CK Sahadevan, K Ajith and K Kunhammed are the other accused.

Stating that there was no merit in the appeals by the Kerala government, the bench comprising Justices DY Chandrachud and MR Shah said that committing destruction of property cannot be equated to freedom of speech in the House. 

Justice Chandrachud said that privileges and immunity are not a mark of status, which makes them stand on an unequal footing. 

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 was also allegedly damaged by the LDF members. 

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