NewDelhi : If an MLA points a revolver in the state assembly, will there be no need to prosecute him and can anyone say that a case cannot be registered against him. Because it was an incident inside the house. The Supreme Court asked this question on Thursday during the hearing of a petition by the Kerala government. The petition sought quashing of the case registered against six members of the Left Democratic Front (LDF) for indecent behavior in the Kerala Assembly in 2015.
Some women members were injured in a scuffle in the Kerala Legislative Assembly
A bench of Justices DY Chandrachud and MR Shah, while concluding the hearing on the petition, asked the Kerala government whether it was public justice to request the withdrawal of cases against the members of the House, who have caused damage to public property at the sanctum sanctorum of democracy. was delivered.
In 2015, there were protests in the Kerala Legislative Assembly and some women members were injured in scuffles. He was carried on a stretcher. One FIR was lodged by the Secretary against the then members of the Legislative House for allegedly indulging in the uproar and another FIR was lodged by the women members. The case started with the FIR lodged by the women members is pending in the High Court while the one filed by the Secretary
Mahesh Jethmalani opposes withdrawal of case
In the case of the FIR, the present government has given an application to withdraw it. Senior advocate Jaideep Gupta, appearing for some of the accused MLAs, said that there is a new government now and if the public prosecutor feels that it was a political issue, it can be a ground for withdrawal. However, senior advocate Mahesh Jethmalani, appearing for the intervenor, opposed the withdrawal of the case and said that the privilege cannot be claimed for causing damage to public property.
Freedom of expression within the House
On Thursday, in the course of the hearing, the Supreme Court said that there is freedom of expression within the House and there is no doubt about it. But take an extreme case where an MLA takes out a revolver inside the state assembly. Wouldn’t that require prosecuting that member? Can anyone say that he cannot be booked because the incident happened inside the House and it was a kind of protest?
We understand that this will not happen because of the security measures put in place these days, but this is an example. However, the bench said that the point to be examined is whether any public interest was being served by withdrawing the application, as there was damage to public property including the Speaker’s seat and the government is the custodian of public property.
The state government was accused of corruption
During the lengthy hearing, senior advocate Ranjit Kumar, appearing for the state government, said the incident happened in 2015 when the state government was accused of corruption and the finance minister was about to present the budget in the house. The bench said that sometimes in the courts too there is a heated argument between two lawyers or even judges and lawyers, but can this justify damage to property.
Kumar said it was a matter of political expression as it was a protest and the right to protest is also a form of expression which is recognized in the House, which has its own rules. He said that the FIR lodged by the Legislative Secretary has no constitutional basis as the Speaker did not give any sanction and to pacify the matter the present government has given an application to withdraw the case
