HC quashes criminal cases against three former UDF MLAs
The Kerala High Court has quashed the criminal proceedings against former United Democratic Front (UDF) legislators M.A. Vaheed, Dominic Presentation, and K. Sivadasan Nair.The proceedings were initiated following complaints by former Left Democratic Front (LDF) legislators K.K. Lathika and Jameela Prakasham, alleging wrongful restraint and outrage of modesty during a ruckus in the Assembly in 2015.
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The Kerala High Court has quashed the criminal proceedings against former United Democratic Front (UDF) legislators M.A. Vaheed, Dominic Presentation, and K. Sivadasan Nair, stemming from a chaotic incident in the Kerala Legislative Assembly in March 2015. The court's decision, delivered on September 13, 2024, addresses complaints made by former Left Democratic Front (LDF) legislators K.K. Lathika and Jameela Prakasham, who accused the UDF members of wrongfully restraining them and outraging their modesty during a ruckus in the Assembly.
The complaints arose during a protest against then Finance Minister K.M. Mani, who was attempting to present the state budget amid allegations of corruption. The incident escalated as LDF members attempted to obstruct Mani, leading to accusations against the UDF legislators for physically restraining the complainants. The Thiruvananthapuram First Class Judicial Magistrate Court-III had initially taken cognizance of the complaints under Sections 341 (wrongful restraint) and 354 (assault or criminal force to outrage a woman's modesty) of the Indian Penal Code (IPC).
Justice P.V. Kunhikrishnan, in his ruling, stated that the actions of the UDF legislators were aimed at ensuring the Finance Minister could fulfill his constitutional duty to present the budget. The court emphasized that the intent behind their actions was not to outrage the modesty of the complainants but to facilitate the budget presentation. The court noted that the complainants were actively trying to obstruct the Minister, and therefore, the UDF legislators had no intention of committing the alleged offenses.
The ruling also referenced a previous Supreme Court decision, which clarified that legislators cannot claim immunity for criminal acts committed during their duties. Justice Kunhikrishnan concluded that, even if the UDF members had used force, it was not done with the intent to harm or humiliate the complainants. The court found that the allegations did not meet the necessary legal criteria to substantiate the charges against the UDF legislators.
This decision marks a significant moment in the ongoing political tensions between the UDF and LDF in Kerala, reflecting the complexities of legislative conduct and the legal implications of actions taken during political protests. The quashing of the proceedings underscores the court's recognition of the constitutional responsibilities of legislators, even amid contentious political circumstances.
