June 27, 2021 5:12:53 am
The Pinarayi Vijayan-led Kerala government moved the Supreme Court Saturday seeking the court’s permission to withdraw cases against several prominent CPI(M) leaders for vandalism in the Kerala Assembly in 2015.
The incident took place when the CPI(M) was in opposition in Kerala.
In March, the state government had moved the Kerala High Court after the Chief Judicial Magistrate’s Court at Thiruvananthapuram had refused to grant state permission to withdraw charges. The petition before the SC is against the Kerala HC’s dismissal of the state’s plea.
“The members of the ruling party were equally at fault and crimes have been registered against some ruling party members, at the instance of certain lady members of the opposition, on complaints of misbehaviour,” the plea filed by the state argued.
The Kerala government’s plea also states that when the alleged incident occurred on the floor of the Assembly, no crime could have been registered against the MLAs without previous sanction of the House Speaker. Articles 105(3) and 194(3) of the Constitution confer certain privileges and immunities to MPs and MLAs.
In 2015, a case under IPC Sections 447 (criminal trespass), 427 (mischief causing damage or loss) and the Prevention of Damage to Public Property Act was registered against legislators and members of the LDF.
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