The drafters of the Constitution did not intend to interpret freedom of speech to include criminal acts under a 'veil of protest' the apex court said
Supreme Court. File Pic
The decision of the Supreme Court on the ruckus in the Kerala Assembly in 2015 has come as a jolt to the two-month-old second Pinarayi Vijayan-led government in the State. The court dismissed the appeals, including the one filed by the Kerala government against the High Court order dismissing its plea seeking withdrawal of a criminal case lodged against LDF MLAs in connection with the ruckus.
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The court said allowing the prosecution to be withdrawn would amount to interference in the normal course of justice for illegitimate reasons. Citing the court ruling, the Congress-led UDF mounted pressure on the CPI (M)-led coalition for the resignation of the Education Minister C Sivankutty by saying he has no moral right to continue in the post. Rejecting the demand, Sivankutty, who was allegedly in the forefront of unprecedented violence unleashed by opposition Left MLAs in 2015, said the agitation in the Assembly was the decision of the Left Democratic Front and they were implementing that decision on that day.
Defending the Minister, LDF convenor and CPI (M) acting secretary A Vijayaraghavan said the apex court has not taken any form of legal action against the Minister. "There is a case (of ruckus). Trial of that case has not commenced yet," Vijayaraghavan told reporters. The Assembly had witnessed unprecedented and ugly scenes as opposition members tried to prevent then Finance Minister KM Mani, facing allegations in a bar bribery scam, from presenting the budget. Some opposition members destroyed the Speaker's podium, hurled his chair and engaged in a scuffle with the watch-and ward staff.
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Following this, a case was registered against six LDF MLAs, including Sivankutty, former Ministers KT Jaleel, EP Jayarajan, CK Sadasivan, K Ajith and Kunhahamed Master under the Prevention of Destruction of Public Property Act, criminal trespass and mischief causing damage. "The Education Minister is going to face trial. It will be a blot on democracy if a person facing trial in a case is continuing in the Minister's post.
So, the Minister, considering the apex court order, should step down immediately," said senior Congress leader Ramesh Chennithala, who had initiated a legal battle seeking trial of six MLAs allegedly involved in the ruckus. The former Leader of the Opposition urged Chief Minister Pinarayi Vijayan to seek Sivankutty's resignation if he refuses to quit in view of the court verdict. Other UDF leaders, including Congress's K Sudhakaran, VD Satheesan and Muslim League leader P K Kunhalikutty and BJP State president K Surendran too said Sivankutty should step down immediately.
The court decision has put KM Mania's son and Kerala Congress (M) leader Jose K Mani, currently a partner of the CPI(M)-led ruling alliance, in a spot. He said he was not going to make any comment on the verdict. Mani said he would react after the trial court's decision on the matter. According to the complaint by the Assembly secretary, property worth Rs five lakh had been destroyed in the violence wherein the ruling and opposition MLAs had come to blows over the presentation of the budget by Mani.
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