Kerala High Court Refuses To Stay Proceedings In Assembly Ruckus Case

The Kerala High Court on Friday refused to stay the proceedings in the Kerala Legislative Assembly Ruckus Case. 

Justice Ziyad Rahman A.A., while refusing to stay the proceedings further rejected the prayer of the accused political leaders to exempt their personal appearance in trial court.  

The case involves ruckus which had happened in the Kerala Assembly in March 2015, while the CPI(M) members were protesting against the then UDF government over the bar bribery allegations against the then Finance Minister KM Mani, who was trying to present the budget speech. The petitioners were accused of involved in committing various acts within the Assembly such as flinging of the Speaker's Chair from the podium, and damaging the keyboard, computers and microphones on the desks of the presiding officers. Current Education Minister V. Sivankutty, and the then opposition MLAs E P Jayarajan, KT Jaleel, K Ajith, C.K Sadasivan and K Kunhammed had attracted public attention in 2015 for creating a ruckus in the House while the budget was presented.

The accused persons had earlier approached the High Court by preferring a revision petition against the order of the the Chief Judicial Magistrate rejecting their plea of discharge in 2021. 

The trial court had earlier dismissed the State's plea seeking withdrawal of the cases registered against them under Sections 427, and 447, read with Section 34 of the IPC, and Section 3 (1) of the Prevention of Damage to Public Property Act. The trial court had observed that allowing such withdrawal would send a wrong message to society, which position was also confirmed by the High Court. It was challenging the said order that a revision petition had been filed before the High Court on the ground that the lower court had erred in failing to consider or apply the various binding precedents relied on by them while defending their plea for discharge.

The Special Leave Petitions that had been filed by the State of Kerala and the accused seeking the withdrawal of prosecution had also been dismissed by the Division Bench of the Apex Court, composed of Justice DY Chandrachud, and Justice MR Shah, on noting that, "Privileges and immunity are not a gateway to claim exemption from criminal law and that would be a betrayal to the citizens".  

Case Title: K. Ajith. v. State of Kerala