‘Destruction of property not freedom of speech in house ‘ : supreme Court rejects Kerala government please to withdraw prosecution in assembly ruckus case

The criminal prosecution against six members of CPI (M) , who are accused in the Kerala assembly ruckus case of 2015 , cannot be withdraw, held the supreme Court on Wednesday.

” The action of the members have trodden past the constitutional means “, the supreme Court observed while holding that they cannot claim protection of legislative privilege and immunity under article 194 of the Constitution. Dismissing the special leave petition filed by the state of Kerala and the accused , a division bench comprising justice DY Chandrachund and MR shah upheld the March 12 judgement of the Kerala high Court which had approved the chief judicial magistrate ‘s order dismissing the application filed by the prosecutor under secty 321 of the CRPC seeking withdrawal of prosecution.

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