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Bar & Bench

5 Jul, 11 tweets, 4 min read

@vijayanpinarayi

Justice DY Chandrachud led bench of #SupremeCourt to hear plea by Kerala Govt seeking permission to withdraw cases against prominent CPI(M) leaders for vandalism in the Kerala Assembly in 2015 when the current ruling party in the State was in opposition
@vijayanpinarayi

Plea is against a March 12, 2021 order of the Kerala High Court which had dismissed the State's petition against an order of rejection by the Chief Judicial Magistrate's Court seeking permission to withdraw prosecution against accused including sitting ministers.

Sr Anv Ranjit Kumar: High court has cited minority judgments

Justice Chandrachud: The MLAs wanted to stop the proceedings when finance bill was being passed. That cannot be allowed

Kumar: wrong view from minority judgment has cited

Justice MR Shah: let him give all the judgments he is relying upon, then we will see

Justice Chandrachud: we have not seen the additional documents. So we will keep it next Wednesday

#supremecourt

Justice Chandrachud: prima facie we have to take a strict view of this kind of behavior. This is not acceptable behavior. Look at the behaviour of MLA who throws mic on the floor of the house. He must face trial.

Justice Shah: they are MLA they were representing the people

Justice Chandrachud: that is why face trial under the prevention of damage to public property act .This kind of behaviour cannot be condoned.

Justice Shah: we are at the stage of withdrawal at the instance of public prosecutor

Justice Chandrachud: what is the use of guarding an MLA who prevented the passage of a finance bill. Irrespective of the character of the finance minister, the passage of the bill is of utmost importance

Sr Adv Kumar: but the MLA has a right to protest !

Justice Chandrachud: we will hear this on July 15

Sr Adv Mahesh Jethmalani: whether you take majority or minority judgment in Paswan face withdrawal can only be if it furthers public interest and that has not happened here.

Jethamalani: I have so much to say in this case

Sr Adv Jaideep Gupta: Mr jethmalani cannot have the cake and eat it too. He has to a accept notice

Justice Chandrachud: These are sentinels of democracy and we have to maintain a sense of decorum

Justice Shah: now these incidents are happening. It is happening in the parliament too.

#supremecourt

@DebayonRoy

"MLA throws Mic on floor, not acceptable:" Supreme Court on Kerala govt plea to drop cases against Left front leaders for 2015 Assembly vandalism

report by @DebayonRoy

#SupremeCourt

@CPIMKerala @vijayanpinarayi @INCKerala

Read full story: bityl.co/7gF9

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