New Delhi: The Supreme Court on Wednesday said that LDF MLA had to face prosecution under the Code of India (IPC) and prevention of damage to public property laws to damage the assembly property in Kerala while protesting the presentation of the budget in 2015.
The State Assembly has witnessed Unprecedented scene on March 13, 2015 as a member of the LDF, then in the opposition, trying to prevent the Minister of Finance Km Mani, who faced allegations in the bribery bar, from presenting the state budget.
In addition to throwing speaker chairs from podiums, electronic equipment such as computers, keyboards, and Mikes on the chairman’s official table are also allegedly damaged by LDF members.
In the main assessment of the dent the image of the LDF LED Pinarayi Vijayan government, Judge D y Chandrachud and M R Shah said that prosecution tried to withdraw cases against MLA for legal reasons and the number of interference in the legal process.
SC said the right to freedom of speech, the privilege and immunity given to MLA and parliamentarians does not mean they will enjoy the immunity of criminal acts in the house.
Immunity and privileges are given to them because they issue their duties freely at home.
The Apex Court said if the MPS / MLA crime in the house is forgiven with the basis of privilege and immunity, it will be similar to placing them on a different base of the benchmark that applies to ordinary citizens.
“We cannot miss the forest for trees,” he said.
Secretary of the Kerala Assembly has sent a complaint to the police after Vaikom CPI MLA Kjib’s threw a microphone and solved furniture at home on March 13, 2015, to protest the budget presentation by the government finance minister of government ommen.
Secretary measures the cost of damage at Rs 2.20 lakh.
The police put forward FIR under the destruction of the destruction of public property laws.
In 2018, the court court refused the Pinarayi Vijayan government’s request to attract this case.
Appeal, Kerala HC rises court court decision.
The top court has been on July 5, said that it must take a “strict” view of the behavior of parliamentarians in parliament and legislative assemblies because the incident “increases now” and this kind of behavior cannot be conditioned.
This case, which also involved V Sivankutty which was a minister in the state, was registered against the LDF MLA group.
In the request submitted at the APEX court against the 12th of March in 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 the session and no crime could be registered “without previous sanctions” from speaker.
The state government has transferred the High Court to the trial commands that have rejected the application submitted by the Public Prosecutor who sought permission to withdraw from prosecution of the case.
This case was registered for alleged violations under various parts of the Indian Criminal Code (IPC), including 447 (criminal violations), and under the provisions of prevention of damage to public property action.
(With agency input)