The Supreme Court of India delivered a landmark judgment on Friday (July 29, 2021), which relates to vandalism in the Kerala State Assembly in 2015 when the current ruling party in the state was in opposition at the time of the incident
People are fed up with the political drama of the political parties. When they are in opposition, they justify disruptions, and when they are in power, they blame the disruptions. So both have reasons to justify the opposite acts as undemocratic.
“The most undemocratic, however, is the waste of people’s money either by causing destruction inside the House or by not allowing the discussions to happen. This is high time we should have healthy discussions in the parliament and state assemblies after 75 (one year less now) years of independence,” said a law student while reacting over the Supreme Court’s judgement, which said, “There is no immunity/ privilege that protects legislators from criminal law.”
The Supreme Court of India delivered a landmark judgment on Friday (July 29, 2021) which relates to vandalism in the Kerala State Assembly in 2015 when the current ruling party in the state was in opposition at the time of the incident.
In this case, there was criminal prosecution against six members of the Left Democratic Front (LDF), which is currently ruling in Kerala.
The court’s ruling said the elected representatives were not protected under ‘privileges and immunity guaranteed to them in such cases.
The elected representatives have certain immunities that flow from Articles 105 and 194 of the Constitution.
A two-judge bench comprising Justice Dhananjaya Chandrahud and Justice M R Shah said in its judgement, “There is no immunity/privilege that protects legislators from criminal law.”
Justice Chandrachud , who was heading the bench said, “There is no merit in the Kerala Government’s appeal, and the appeal stands dismissed.”
The Left party had approached the Supreme Court for direction to withdraw cases against prominent CPI (M) leaders for alleged vandalism in the Kerala state Assembly in 2015.
Ranjeet Kumar, Senior lawyer and former Solicitor General (SG) appeared for the left party and argued before the Supreme Court that the incident took place when then government was presenting the budget.
There were protests, and both ruling and opposition party members took part. A woman member was hurt. The Legislative Secretary filed an FIR against Left party members.
The Apex Court took strong view against the acts of the legislators and observed that the trial court was correct in rejecting the application to withdraw the FIR.
Dismissing the appeal, Justice Chandrachud observed, “The Acts of vandalism does not serve public function or come under freedom of speech.”
The apex court also said that the withdrawal of cases against the accused persons would be against public justice and policy.
“Vandalism and destruction inside the house are not essential for exercising legislative function,” the apex court said.
Asked about the judgement, a senior citizen Anant Kumar said, “I 100 per cent welcome this decision. After 75 years of independence, we are fighting for basic amenities in this country, and these politicians create ugly scenes in parliament and assemblies. Their supporters burn buses, damage government and private buildings, destroy railway tracks. All this should stop for meaningful and right democracy.”