Court hearing case against LDF men for causing ruckus in Assembly in 2015
The Supreme Court on Monday said it has to take a “strict” view of unruly behaviour of lawmakers in Parliament and Legislative Assemblies as such incidents are “increasing nowadays” and this sort of conduct cannot be condoned. The apex court, which was hearing pleas relating to a criminal case lodged in connection with ruckus inside Kerala Assembly in 2015 during the previous Congress-led UDF rule, said it must be ensured that decorum is maintained in the House.
“Prima facie, we have to take a very strict view on this kind of behaviour. This kind of behaviour is unacceptable,” a bench of Justices DY Chandrachud and MR Shah said while referring to the incident in Kerala Assembly. “We must ensure that some decorum is maintained. These are sentinels of democracy,” the bench said, adding, “Such types of incidents are increasing nowadays. In Parliament also, it is happening and one has to be strict on this.”
One of the pleas was filed by the Kerala Government which challenged the March 12 order of the High Court dismissing its petition seeking withdrawal of a criminal case registered in connection with the ruckus inside the State Assembly in 2015. The State Assembly had witnessed unprecedented scenes on March 13, 2015 as LDF members, then in Opposition, tried to prevent then Finance Minister KM Mani, who was facing allegations in the bar bribery scam, from presenting the State budget.
Besides flinging the Speaker’s chair from the podium, electronic equipment like computers, keyboards and mikes on the desk of the presiding officer were also allegedly damaged by the LDF members. The case, which also involves V Sivankutty who is now a Minister in the State, was registered against a group of then LDF MLAs and others.
“We will not condone this kind of behaviour of MLAs who, on the floor of the House, throw mikes and destroys public property,” said the bench, which posted the matter for hearing on July 15. “They were MLAs and they were representing people,” the bench said, adding, “What message are they giving to the public”.
One has to take strict view on such conduct otherwise there would be no deterrence to this kind of behaviour, it said, adding that those involved in such behaviour should face trial under the Prevention of Damage to Public Property Act. “This kind of behaviour cannot be condoned,” it said, adding, “What is the larger public interest in shielding an MLA who was obstructing presentation of finance budget in the House.”
In its plea filed in the apex court, the Kerala Government led by Left parties now has claimed that High Court had failed to appreciate that the alleged incident had occurred while the Assembly was in session and no crime could have been registered “without previous sanction” of the Speaker. “The FIR registered by the secretary Legislative Assembly without the consent of the Speaker is wrong and therefore, the application filed under section 321 CrPC is liable to be allowed,” said the plea filed by the State.
