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The Supreme Court in a landmark verdict dismissed the Kerala government’s Special Leave Petition (SLP) to withdraw the criminal case against Education Minister V Sivankutty, former higher education minister KT Jaleel, and four LDF leaders, saying the accused MLAs must face trial. Privileges and immunity are not a mark of status which makes them stand on an unequal footing, the top court said.

Slamming the Kerala government, the SC said that the act of the accused MLAs crossed constitutional limits and will not be covered under the immunity granted to lawmakers by the Constitution from criminal prosecution for acts done on the floor of the house.
The judgment was delivered by a Bench of Justices DY Chandrachud and MR Shah. Pronouncing the verdict, Justice DY Chandrachud said that members are required to stay true to their oath and immunity is to help them discharge their functions freely. However, destruction of property cannot be regarded as essential to carry out their functions and it cannot be seen as part of rights and privileges, he added.

The SC in a landmark verdict dismissed the Kerala govt Special Leave Petition (SLP) to withdraw the criminal case against Education Minister @VSivankuttyCPIM , former higher education minister KT Jaleel, and four LDF leaders, accused MLAs must face trial.@sijusreekumar pic.twitter.com/gmJroon2ON

— VISUM Expresso (@VisumExpresso) July 28, 2021