Six LDF members do not get relief even in Supreme Court: Kerala govt's request rejected

New Delhi: The Supreme Court on Wednesday refused to grant relief to LDF legislators in the Kerala Assembly noise case. The Supreme Court rejected the appeal filed by the Kerala government against the High Court order. It sought withdrawal of the criminal case registered against LDF legislators in 2012 for staging riots inside the assembly. Justice d. Y Chandrachud and M.R. Shah's bench said that the right to freedom of expression and the privilege of MPs do not provide them protection against criminal law.

Both the judges had reserved their judgment on July 14 on the petitions. On March 12, 2016, members of the then opposition LDF stormed the House to stop then Finance Minister KM Mani, who was facing corruption charges, from presenting the budget. He slammed the speaker's chair off the podium and damaged electronic equipment such as a computer, keyboard and mic on his desk.

The Kerala High Court had on March 18 issued an order refusing to accept the state government's plea. The Kerala government said the incident took place at a time when the assembly was in session and no criminal case could be registered without the speaker's approval. The High Court said elected representatives are expected to maintain the reputation of the House. The court said that the rights enjoyed by legislators and MPs cannot be used to evade the common law, especially when the criminal law covers every citizen of the country, how can an MP or a legislator evade it. Legislators or MPs cannot escape the criminal law under the cover of concessions given by the Constitution by violating the constitutional limits within the House.