In a setback to the ruling Left Democratic Front (LDF) government in Kerala, the chief judicial magistrate (CJM) court in Thiruvananthapuram rejected a discharge petition moved by six legislators, including state education minister V Sivankutty in connection with the 2015 assembly violence case.
Rejecting the plea, magistrate R Rekha directed all accused to appear before the court on November 22 to frame charges, which will be later read out to them.
The accused contended that the video of the assembly proceedings were heavily edited and media blew the incident out of proportion. They also argued that their sole intention was to disrupt the budget speech and furniture was damaged by the security personnel during pushing and shoving in the assembly.
However, the court rejected their contention and asked them to face charges. The counsel for the accused said he said he will move the High Court. Earlier the High Court and Supreme Court had rejected their pleas to quash the case.
In March, 2015, the Kerala assembly witnessed violent incidents after then opposition LDF legislators tried to prevent finance minister KM Mani, also the Kerala Congress (M) chairman and a constituent of ruling UDF then, from presenting the budget alleging his role in the 2014 bar bribery case. Angry members snapped mikes, threw chairs, destroyed furniture and damaged lights during the ruckus, which also resulted in two legislators getting hospitalised. The session was live when the violence took place and property worth ₹2.20 lakh was destroyed in the melee.
Later, in July, the Supreme Court also upheld the lower court’s verdict and directed all accused to face criminal proceedings. The apex court said acts of destruction of public property cannot be equated with either the freedom of speech of the legislator, or with forms of protest legitimately available to the members of opposition.
“Privileges and immunities are not gateway to claim exemption from the general law of the land, particularly as in this case the criminal law which governs the action of every citizen,” a bench of justices D Y Chandrachud and M R Shah had said.
Following the SC rap, opposition Congress sought the resignation of one of Sivankutty, but chief minister Vijayan rejected it saying the government will fight it out legally.
