'Acts of vandalism cannot be equated to freedom of speech': SC dismisses Kerala govt's plea on Kerala Assembly violence

New Delhi, June 28: Giving the blow to the Kerala govt, Supreme Court dismissed the state govt's plea seeking withdrawal of criminal cases against the leaders of CPI(M) who are accused in the Kerala assembly ruckus case of 2015.

 

 

While passing the judgment, a two-judge bench of the top court, headed by Justice Chandrahud and comprising Justice M R Shah said that committing destruction of property cannot be equated to freedom of speech in the House. The top court also said that the withdrawal of cases against the accused persons will be against public justice and policy.

 

 

"Committing destruction of property cannot be equated to freedom of speech in the House...we have to impress that the trust of the public is imposed upon the members of State Legislature. Any withdrawal of cases will allow an exemption of members from criminal law," the bench said.

 

 

 

The bench noted that immunity and privileges aren't marks of status. The top court observed that no privilege can be granted to protect lawmakers in criminal cases.

 

 

The bench said, "These privileges bear a functional relationship to the discharge of functions of the legislators but it is not a mark of difference that places the legislators on a pedestal."

 

The court also scolded the state govt for the plea, it also asked, "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 behavior."

 

On March 13, 2015, LDF MLAs had created a massive ruckus on the floor of the assembly while the budget session was ongoing. They had climbed over tables, flung chairs from the speaker’s podium, and had damaged mikes, computers and keyboards. The LDF MLAs had also clashed with security personnel who were trying to do their job. Many security personnel had sustained injuries. 

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