Is it in public interest to seek withdrawal of cases against vandalism by MLAs, SC asks Kerala govt

SC wonders if MLA whips out pistol and empties in it in House, will it be covered as privilege

The Supreme Court on Thursday sought to know if it would be in public interest or in service of the public justice to seek withdrawal of prosecution against the MLAs, who have damaged the sanctum sanctorum of democracy.

"Suppose an MLA whips out a revolver in the Assembly and also empties his revolver. Can you say House is supreme on this?," a bench presided over by Justice D Y Chandrachud asked the Kerala government.

The bench, however, was quick to clarify it was not possible to carry a weapon inside the Assembly, but it cited this example to carefully examine the issue before the court.

The top court reserved its order on Kerala government's plea seeking court’s nod to withdraw cases against CPI(M) leaders, including education minister V Sivankutty, for vandalism in the state Assembly in 2015, when the current ruling party was in the Opposition.

The Kerala government, for its part, submitted before the bench also comprising Justice M R Shah that the House has the prerogative to take action against MLAs for creating a ruckus in the Assembly in 2015.

The bench, however, referred to heated arguments between lawyers, often witnessed in the Supreme Court.

"Look at the courts. Tempers are lost, lawyers opposing each other in court. Would that justify, if court property is damaged," the court asked senior advocate Ranjit Kumar, appearing for the Kerala government.

The bench also asked why the government was keen in pursuing the withdrawal application and sought to know if it is really in public interest.

Kumar maintained that it was a ruckus between the political parties and members of the ruling party were equally at fault. Senior advocate Mahesh Jethmalani, representing an intervenor, submitted that the protection of legislative privileges cannot be claimed for vandalism committed within the House.

On July 5, the top court had said the unruly behaviour of law makers in Parliament and Assembly cannot be condoned and they should face trial for destroying public property inside the House. The Kerala government has cited privileges and immunity to MLAs and urged the top court to drop cases against the Left leaders.

The Kerala High Court, in an order passed on March 12, had refused to give its nod saying that the elected representatives are expected to uphold prestige of the House or face consequences.

The MLAs had vandalised Speaker's dais, uprooted his chair, pulled out mic, computer etc.

The state government referred to certain privileges and immunities conferred to the members of the Parliament and State Legislature under the Constitution.