The Apex Court, while hearing a plea which sought for withdrawal of criminal cases against six members of CPI(M), condoned the ruckus and vandalism which had been caused in the Kerala Assembly in the year 2015.
In the instant case, six prominent members of CPI(M) had been booked under the related provisions of Indian Penal Code and the Prevention of Damage of Public Property Act for causing damage in the Kerala Assembly house, in the year 2015.
The counsel for the State submitted that the alleged acts took place during protests staged against the then Finance Minister, who was facing allegations of involvement in bar-bribery scam.
The counsel, through the petition, raised the argument that accused MLAs are entitled to legislative privileges for their conduct during Kerala Assembly. The counsel elaborated that Articles 105(3) and 194(3) extended certain privileges and immunities to the members of Parliament and Legislature, and the same prevent initiation of criminal proceedings against the members.
The bench made certain oral remarks while disapproving the conduct of members and the stand of State counsel which sought for withdrawal of criminal cases against the members, who were back then legislators.
The bench observed that such a case requires the judiciary to take a strict view. It further repudiate from accepting such kind of behaviour of MLAs who damaged the public property. The bench stated that the members would have to face trial for such a conduct.
The bench also questioned stand of State in invoking Section 321 of CrPC and public interest for withdrawing the criminal cases.
The Supreme Court bench, as of now, adjourned the hearing of appeal to the next week.
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