Do protest and free speech in House include vandalism: SC | India News
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NEW DELHI: The Supreme Court on Thursday reserved its verdict on the correctness of concurrent decisions of a Kerala magistrate and the HC rejecting public prosecutors plea for withdrawal of cases under Prevention of Destruction of Public Property Act against left party MLAs for indulging in vandalism inside the House during presentation of 2015-16 budget.
The judgment on this appeal, filed by Kerala government, would have far reaching implications for Parliament and the assemblies. If the bench of Justices D Y Chandrachud and M R Shah uphold the HC verdict, it would have a salutary deterrent effect on unruly behaviour by MPs and MLAs who indulge in destruction of furniture, uprooting of mikes and throwing of chairs inside the House.
Appearing for Kerala government, senior advocate Ranjit Kumar said protests and scuffles are part of a MLA’s right to free speech and he cannot be prosecuted in a court of law for any of his actions. The bench asked, “Are vandalism and destruction of public property included in right to free speech? Is it in the public interest to withdraw cases against the MLAs who indulge in vandalism…?”
The judgment on this appeal, filed by Kerala government, would have far reaching implications for Parliament and the assemblies. If the bench of Justices D Y Chandrachud and M R Shah uphold the HC verdict, it would have a salutary deterrent effect on unruly behaviour by MPs and MLAs who indulge in destruction of furniture, uprooting of mikes and throwing of chairs inside the House.
Appearing for Kerala government, senior advocate Ranjit Kumar said protests and scuffles are part of a MLA’s right to free speech and he cannot be prosecuted in a court of law for any of his actions. The bench asked, “Are vandalism and destruction of public property included in right to free speech? Is it in the public interest to withdraw cases against the MLAs who indulge in vandalism…?”
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