New Delhi: The Supreme Court has rejected a plea filed by the ruling Communist Party of India (Marxist) in Kerala seeking permission to withdraw cases against its leaders who were involved in the vandalization of the Kerala Assembly in 2015, during tabling of the budget. The CPI(M) leaders who were then in the opposition had created a ruckus and had destroyed Assembly furniture while protesting against then Finance Minister KM Mani who had been facing bribery charges.
The bench comprising of Justice DY Chandrachud and Justice MR Shah observed that the privileges and immunities which the state has referred to in withdrawing cases, doesn't permit the leaders to not abide by the constitution and cross the line. It further observed that duties are as much essential as the privileges. Privileges are for essential functions of the leaders and destruction property was no such essential function, said Justice Chandrachud.
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Judges also observed that any interference by them in the matter will be a "great injustice" and it would mean that they are exempted from the criminal proceedings and are on a different pedestal than the rest of the citizens. The Court then dismissed the state's plea saying it has no merits, adding that the legislators' need to be held accountable. This means the members of Kerala's ruling CPM will have to face trial in the case.
