The Supreme Court had given a judgment to the Kerala Assembly Ruckus case which had been done in 2015. The petition was filed by the Kerala government to the withdrawal of criminal prosecution against six CPI(M) members.
Earlier, the Chief Judicial Magistrate and the high court of Kerala rejected the application for withdrawal of this criminal case. So by Special Leave Petition, the Kerala government approach the supreme court.
The incident happened in the budget session of 2015. The ruckus burst out after a lady member of the opposition gets injured. A bench of Justices asked ‘ What was the Public Interest at large to withdrawing this criminal case?’
Senior Adv who appeared for an accused submitted that due to ruckus, the property was destroyed. But today a new government has come to place.
Senior adv who opposed this petition and he submitted that legislative privileges cannot be claimed for vandalism committed within the house.
Justice Chandrachud said to the Advocate who appeared for the state ‘You have to have a trial under the Prevention of Damage to public properties act’. He also said that ‘We have to take a strict view and this behavior is unacceptable.