Supreme Court asked- If the MLA takes out the revolver in the assembly, will the case not be registered against him?

Giving an example, the Supreme Court on Thursday questioned whether a case would be registered against an MLA if he takes out a revolver in the Assembly and empties it. Can anyone say that being an internal act of the House, a case cannot be filed against him and will anyone claim the supremacy of the House. The Supreme Court raised this question during the hearing of a petition by the Kerala government seeking quashing of prosecution against six members, including Education Minister V. Sivakutty, of the ruling LDF government. In 2015, while in opposition, these members ransacked the assembly.

Reserving its order on the plea, a bench of Justices DY Chandrachud and MR Shah asked the Kerala government whether it would be justified to seek withdrawal of cases against members of the House who caused damage to public property in the sanctum sanctorum of democracy. In fact, on March 13, 2015, LDF members of the then opposition ransacked the House to prevent the then Finance Minister KM Mani, who was facing corruption charges, from presenting the budget. They had thrown the speaker's chair off the podium and damaged electronic devices like computer, keyboard and mic on the desk of the presiding officer.

Concern of the top court

There is freedom of speech within the House, no doubt about it. There is often heated debate among lawyers in the Supreme Court too, but will it justify damage to the property of the court?

Whether in the Legislative Assembly or in the Supreme Court, all properties belong to the government and the government is the custodian of all public properties. Why does the government want to withdraw the case by giving arguments in defense, the accused should do it?

On July 5 also, the top court had said that it will have to take a tough stand on the riotous behavior of members in Parliament and assemblies as such incidents are on the rise and such conduct cannot be condoned.

Kerala Government’s argument

This is a matter of political expression. It was a protest and the right to protest, like speaking, is also recognized in the House. Referring to privileges and exemptions.

The FIR lodged by the Assembly Secretary has no constitutional validity as the Speaker did not approve it.

High Court dismissed the petition

The Kerala High Court in its order issued on March 12 had refused to accept the plea of the state government. The High Court said that elected representatives are expected to maintain the prestige of the House.

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