Sivankutty puzzle for Kerala government after SC setback
The image of an unruly V Sivankutty, then an MLA and now a minister in Kerala’s government, climbing over chairs and tables in the hallowed state Assembly hall on 13 March 2015 is still etched in public memory. He and his colleagues in the opposition were attempting to prevent the presentation of the Budget by then finance minister K M Mani. In the process, they fought Assembly staff and damaged property, including the Speaker’s chair and electronic equipment, worth Rs 2.2 lakh.
The unprecedented episode of vandalism involving MLAs was telecast live and no amount of justification can erase that ugly chapter from Kerala’s political history. So it wasn’t a surprise when the Supreme Court rejected, with strong observations, the Kerala government’s petition to withdraw the case registered against Sivankutty and five others for the damage they caused to public property. Drawing the line between privileges of elected representatives and acts of violence committed inside the House, the court appropriately held that privileges and immunities “are not gateways to claim exemptions” from the general law of the land.
Sivankutty and others, including former ministers E P Jayarajan and K T Jaleel, now have no choice but to face prosecution proceedings and, more importantly, the SC’s observations in the case could prove decisive in its outcome. What this means is that the LDF’s desperate and all-out efforts to protect its leaders from prosecution may have actually backfired. With the court removing the veil of immunity for their actions and the evidence of what they did being undeniable, these six stand, in the eyes of the law, not only accused of but practically guilty of destroying public property under the cover of right to protest and freedom of speech. Then there’s the question of Sivankutty’s continuation in the ministry despite adverse judicial observations. While the opposition has raised the chorus for his resignation, the government has stubbornly decided to retain him, disregarding the fact that his continuation will be a constant source of embarrassment for the LDF as the trial progresses. The government has already burnt its fingers by approaching the top court in the case. What it doesn’t need is more humiliation, and it must act wisely.