KOCHI:Opposing the state government’s move to withdraw the criminal case against LDF MLAs for unleashing violence inside the Assembly on March 13, 2015, Opposition leader Ramesh Chennithala on Tuesday submitted before the Additional Chief Judicial Magistrate (special court for MPs and MLAs) in Ernakulam, that the offence causing damage to public property under Prevention of Damage to Public Property (PDPP) Act is against public interest.
The additional public prosecutor had sought permission to withdraw the prosecution against E P Jayarajan (now the Industries Minister), K T Jaleel (Local Administration Minister), K Ajith, V Sivankutty and K Kunjahmed.
Chennithala’s counsel T Asaf Ali submitted that the withdrawal of the prosecution is not legally maintainable, and hence it should be dismissed. The contents in the petition were the repetition of a speech by the Chief Minister in the Assembly in reply to the motion moved by MLA V D Satheeshan. The prosecutor cannot act as an agent of the government and dance to the tune of the authority in making the application, he said.
If the court allows the petition, it will be against public interest. Citing a High Court order, Chennithala stated that withdrawal of prosecution in a case involving an offence under the PDPP Act is illegal. The criminal acts perpetrated by the accused were in no way connected with the right of the members to speak or vote in the Assembly. The protection available to the members under Article 105(3) and 194(3) of the Constitution was not a licence to commit criminal acts of destruction of public properties. Legislative freedom cannot be construed as the freedom to commit a crime by destroying public properties, he said.
The prosecutor’s submission that the police cannot register a case without the prior permission of the Assembly Speaker is unsustainable. No member of the Assembly is entitled to get such a protection from criminal prosecution. The government had incurred a loss of Rs 2.2 lakh in the incident. The prosecutor submitted that the government has every authority to withdraw the prosecution. To this, the Opposition leader said that the loss was not to the government, but a loss to the public exchequer, which was nothing but taxpayers’ money.The court adjourned the hearing of the case to October 4.