Kerala MLAs to face trial for damaging Assembly property: Can’t miss the woods for tree says SC

New Delhi, July 28: The Supreme Court has said that CPM leaders from Kerala-minister Sivankutty and ex-MLAs will face trial in a case relating to damage of furniture in the assembly in 2015.

The court held that if criminal acts of MPs/MLAs within the House were condoned on the ground of privileges and immunities, then it would be akin to putting them at a pedestal that is different from the yardstick applicable to common citizens. We cannot miss the woods for tree, the court also said.

The SC said that the right to free speech, privileges and immunity accorded to MLAs and MPs do not mean they will enjoy immunity from criminal acts within the House. The immunity and privileges are granted to them for discharging their duties freely in the House.

The court ruled that these MLAs must face prosecution under the Indian Penal Code and Prevention of Damages to Public Property Act for damaging assembly property while protesting against the Budget presentation in 2015. The court also upheld the rejection of the Kerala government prosecutor's application for withdrawal of cases.