SC rejects Kerala govt's appeal to withdraw criminal cases against LDF MLAs for 2015 vandalism in assembly
3 years, 8 months ago

SC rejects Kerala govt's appeal to withdraw criminal cases against LDF MLAs for 2015 vandalism in assembly

Op India  

The Supreme Court on Wednesday dismissed the Kerala government’s petition seeking to withdraw cases against 6 former LDF MLAs who were charged for vandalism of state assembly in 2015. While rejecting the plea of the Kerala government to withdraw cases against prominent former LDF leaders, Justice Chandrachud said, “an alleged act of destruction of public property can’t be exercised as essential to discharge functions as members of the house.” “These privileges bear a functional relationship to the discharge of functions of the legislators, but it is not a mark of difference that places the legislators on a pedestal,” the order passed by the bench comprising of Justices Chandrachud and MR Shah said. Kerala govt calls vandalism of Assembly ‘Parliamentary Privilege’, moves SC seeking protection for former MLAs Earlier this year, the High Court ruled that the six LDF legislators should face trial in the case. In response to this, the Pinarayi Vijayan government in Kerala moved the apex court seeking permission to withdraw cases against prominent CPM leaders for vandalism at the state assembly in 2015.

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History of this topic

Kerala Assembly: Stormy session on the cards as House set to convene ahead of local body polls
2 months, 1 week ago

Kerala Assembly: Stormy session on the cards as House set to convene ahead of local body polls

The Hindu  

A politically tumultuous sitting appears to be in the offing as the 13th session of the 15th Kerala Legislative Assembly commences on Friday ahead of the upcoming local body elections later this year. It will seek to hold the government to account for its alleged failure to prevent “increasing” wild animal attacks on humans and economically devastating raids on croplands …

No immunity to MLAs, MPs from criminal law: SC rejects Kerala govt plea
3 years, 7 months ago

No immunity to MLAs, MPs from criminal law: SC rejects Kerala govt plea

Hindustan Times  

Legislators do not have immunity from criminal law for acts of vandalism or destruction of public property inside state assemblies or in parliament, the Supreme Court ruled on Wednesday, clearing the decks for the prosecution of some of Kerala’s sitting and former MLAs who threw furniture and destroyed computers and microphones during a House proceeding in 2015. “No member of …

Legislative Privileges & Immunities Not Gateways To Claim Exemption From Criminal Law : Supreme Court In Kerala Assembly Ruckus Case
3 years, 7 months ago

Legislative Privileges & Immunities Not Gateways To Claim Exemption From Criminal Law : Supreme Court In Kerala Assembly Ruckus Case

Live Law  

While refusing to allow the withdrawal of criminal prosecution against six LDF members in the Kerala assembly ruckus case of 2015, the Supreme Court made certain significant observations on the scope of legislative privileges and immunities.The State of Kerala and the accused persons had raised an argument that the criminal prosecution was not sustainable against the members for acts committed. …

SC slams Kerala govt for seeking to withdraw cases against left MLAs
3 years, 8 months ago

SC slams Kerala govt for seeking to withdraw cases against left MLAs

Op India  

Two weeks after the Pinarayi Vijayan government in Kerala had moved the apex court seeking permission to withdraw cases against prominent CPM leaders for vandalism of state assembly in 2015, the Supreme Court sought to know what kind of ‘public interest’ is behind such a move. Suppose an MLA empties a revolver in the Assembly, can we say that the …

Move to drop charges in Kerala House fracas ‘incomprehensible’: SC
3 years, 8 months ago

Move to drop charges in Kerala House fracas ‘incomprehensible’: SC

Hindustan Times  

The Supreme Court on Thursday said that Kerala government’s decision to drop criminal proceedings against a group of members MLAs, who threw furniture and destroyed public property during a House proceeding in March 2015, was “incomprehensible”. The observations of the top court came while hearing separate appeals filed by the Kerala government and the accused MLAs against a March 12 …

'Unacceptable Behavior; Will Not Condone Destruction Of Public Properties By MLAs' : Supreme Court On Kerala Assembly Ruckus Case
3 years, 8 months ago

'Unacceptable Behavior; Will Not Condone Destruction Of Public Properties By MLAs' : Supreme Court On Kerala Assembly Ruckus Case

Live Law  

The Supreme Court on Monday adjourned to next week the hearing of the appeal filed by State of Kerala seeking the withdrawal of criminal cases against six prominent CPI members for the ruckus and vandalism caused in the Kerala Legislative Assembly in 2015.During the brief hearing on Monday, a bench comprising Justices DY Chandrahcud and MR Shah made certain oral …

Supreme Court To Hear On July 5 Pleas Seeking Withdrawal Of Cases Over 2015 Assembly Ruckus
3 years, 8 months ago

Supreme Court To Hear On July 5 Pleas Seeking Withdrawal Of Cases Over 2015 Assembly Ruckus

Live Law  

The Supreme Court on Tuesday decided to hear next Monday, July 5, State of Kerala's plea seeking the withdrawal of criminal cases against six prominent CPI members for the ruckus and vandalism caused in the Kerala Legislative Assembly in 2015. After the Kerala Government approached the Supreme Court, the six accused members also filed petitions in the Supreme Court seeking …

Kerala govt calls vandalism of Assembly ‘Parliamentary privilege’,
3 years, 8 months ago

Kerala govt calls vandalism of Assembly ‘Parliamentary privilege’,

Op India  

The Pinarayi Vijayan government in Kerala has moved the apex court seeking permission to withdraw cases against prominent CPM leaders for vandalism of state assembly in 2015. In its defence, the Kerala government in the Supreme Court argued that the budget session of the legislative assembly in 2015 was carried out in a ‘charged atmosphere’ and the allegations of nepotism …

HC rejects Kerala govt’s plea to drop assembly ruckus case
4 years ago

HC rejects Kerala govt’s plea to drop assembly ruckus case

Hindustan Times  

In a setback to the ruling Left Democratic Front ahead of the April 6 assembly elections, the Kerala high court on Friday rejected the Pinarayi Vijayan government’s plea to withdraw a criminal caserelating to the violence in the state assembly in 2015 during the previous Congress-led United Democratic Front regime. Kerala Chief Minister Pinarayi Vijayan Two ministers from the present …

Kerala political killings: Congress MLAs stall state Assembly over rising clashes between CPM, RSS
7 years, 7 months ago

Kerala political killings: Congress MLAs stall state Assembly over rising clashes between CPM, RSS

Firstpost  

Congress MLAs disrupted the proceedings of the Kerala Assembly over rising political violence involving the ruling CPM as well as the BJP and RSS. Thiruvananthapuram: Congress MLAs disrupted the proceedings of the Kerala Assembly on Monday over rising political violence in the state involving the ruling Communist Party of India-Marxist as well as the BJP and RSS. “And the governor …

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