Kerala

Sivankutty, others move HC in House ruckus case

General Education Minister V. Sivan Kutty and five Left Democratic Front (LDF) leaders have moved revision petitions in the Kerala High Court challenging the order of the Chief Judicial Magistrate (CJM) Court, Thiruvananthapuram, which rejected their discharge petition in the Assembly ruckus case.

Rejecting their plea earlier, R. Rekha, the CJM, had asked them to be present before the court on Monday to frame charges.

The petitioners, K. Ajith, Kunjammadu Master, E.P. Jayarajan, C.K. Sadasivan and K.T. Jaleel, MLA, were accused of entering the dais of the Speaker and causing damage to public property in their attempt to prevent the then Finance Minister K.M. Mani from presenting the annual Budget on March 13, 2015.

‘Totally innocent’

The accused submitted that they were totally innocent of the allegations raised against them and the findings in the final report of the case were not supported by any legal evidence. The final report conspicuously excluded the Speaker and the nearly 130 MLAs, who were present in the Assembly, from the list of witnesses. The final report was the product of a highly tainted and biased investigation to project a totally distorted version of incidents which took place in the Assembly, they argued.

The CJM, according to the petitioners, dismissed their prayer through a gross misappreciation of their contentions and the erroneous interpretation of the prosecution records and findings. The order of the CJM was incorrect, illegal and improper and was made on a totally erroneous interpretation of the applicable laws as well as materials and records available in the case, they argued.

No plaint by Speaker

The CJM ought to have found that there was no complaint by the Speaker of the Assembly, who is the competent person to take action against any member of the House for the acts done by the member inside the House. In the absence of a complaint from the Speaker, the criminal proceedings against the petitioners will not stand, they argued.

The LDF leaders contended that the final report, even if accepted in toto, would not bring home any of the offences alleged against them as the necessary ingredients of the offences alleged against them were absent in the report.

The alleged acts were done by the legislators inside the Legislative Assembly with the intention of obstructing the Assembly proceedings. No other intention was alleged against them or revealed in the investigation, they submitted.


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Printable version | Jan 20, 2022 12:41:11 AM | https://www.thehindu.com/news/national/kerala/sivankutty-others-move-hc-in-house-ruckus-case/article37627416.ece

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