On Wednesday (July 28), the Supreme Court dismissed the Kerala government’s appeal against the high court order dismissing its plea seeking withdrawal of a criminal case lodged against LDF MLAs in connection with the ruckus in the Kerala assembly in 2015.
Kerala’s CPM leaders, including Education and Labour Minister V Sivankutty and former Higher Education Minister KT Jaleel, among other MLAs, are set to face trial in a case of damaging property during protests in the state Assembly in 2015.
"MPs and MLAs have to subscribe (and) bear true faith to the Constitution of India… Committing acts of destroying public property cannot be equated to freedom of speech. Legislators' privilege and immunity is not a gate to claim exemption from criminal law," a two-judge bench of Justices DY Chandrachud and MR Shah said.
"There is no merit in the Kerala government's appeals," the court added.
Slamming the Kerala government, BJP Kerala state chief K. Surendran Said, "Supreme Court has slammed Kerala government over Kerala Assembly case… shows how the Kerala government is functioning. State minister Sivankutty should resign and face trial, as there are serious charges are against him."