Kerala Assembly ruckus: Court dismisses discharge petitions filed by accused
Dismissing the petitions, the Chief Judicial Magistrate (CJM), Thiruvananthapuram also directed the minister and five other accused to appear before it on November 22 to frame charges.
Besides Sivankutty, the other accused in the case are E P Jayarajan, KT Jaleel, K Ajith, C K Sadasivan, and K Kunhammed, all opposition MLAs then. Both Sivankutty and Jaleel are currently members of the State Legislative Assembly.
Urging the minister to quit, the Congress leader said the court rejected their petitions considering the visuals of Sivankutty and others destroying public property by climbing on the desk in the Assembly.
The trial court in September last year had rejected the LDF government's plea for withdrawing a case related to the ruckus in the state assembly, saying allowing it would send a wrong message to society.
The petition was filed by the government seeking withdrawal of the case registered under sections 447 (criminal trespass), 427 (mischief causing damage), read with section 34 of the Indian Penal Code (IPC) and Sec 3(1) of the Prevention of Damage to Public Property (PDPP) Act by the previous Oommen Chandy-led UDF government.
Subsequently, on July 28, the Supreme Court dismissed the Kerala government's plea for withdrawal of the case against the six LDF leaders, saying privileges and immunities ''are not gateways'' to claim exemptions from criminal law which governs the action of every citizen.
The apex court had also said that committing acts of destruction of public property cannot be equated with either freedom of speech in the legislature or with forms of protest legitimately available to the members of the Opposition.
The assembly had witnessed unprecedented scenes on March 13, 2015, as the LDF members, then in opposition, tried to prevent Finance Minister K M Mani, who was facing charges in the bar bribery scam, from presenting the state budget.
Besides flinging the speaker's chair from the podium, electronic equipment like computers, keyboards, and mikes on the desk of the presiding officer was also allegedly damaged by the then LDF members, causing a loss of Rs 2.20 lakh.
(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)
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- section 34
- K M Mani
- K Kunhammed
- Sivankutty and Jaleel
- C K Sadasivan
- Leader of Opposition
- Chief Judicial Magistrate
- V Sivankutty
- Supreme Court
- State Legislative Assembly
- Prevention of Damage to Public Property
- State Assembly
- Sec 3(1