Kochi, Sep 13 (SocialNews.XYZ) The Kerala High Court on Friday exonerated three former Congress MLAs -- M.A. Waheed, Dominic Presentation, and K Sivadasan Nair -- in the 2015 Legislative Assembly ruckus case.
The three former Congress MLAs were accused of assaulting LDF women MLAs during the ruckus witnessed in the Assembly in March 2015.
On Friday, a single bench of Justice P.V. Kunhikrishnan quashed the proceedings against the three ex-Congress MLAs while hearing a petition filed by them challenging the case.
All hell broke lose in the Assembly on March 13, 2015, when the Left members, who were in the opposition then, tried to prevent then Finance Minister K.M. Mani from presenting the state budget.
Amid the ruckus, present Education Minister V. Sivankutty was seen first standing on the table and then pulling out the computer and other electronic equipment from the Speaker’s table.
When Mani got up to present the budget amid the chaos, a scuffle broke out as the opposition members tried to advance towards the Finance Minister and were prevented by the treasury bench legislators.
Following the unruly scenes, the Speaker and the treasury bench decided to go forward with a case and six Left legislators, including Sivankutty and present MLA K.T. Jaleel, who, despite approaching the apex court, are still facing trial.
Incidentally, soon after the police registered cases against the six opposition legislators, Left MLAs Jameela Prakasham and K.K. Lathika filed a case against the three Congress legislators, accusing them of 'outraging modesty'.
On Friday, the Kerala High Court said, “The incident in this case happened in a Legislative Assembly where the complainants tried to obstruct the Minister from presenting the Budget for the financial year. At that time, when the complainants were proceeding to obstruct the Minister, the petitioners obstructed them.
"In such situation, it cannot be said that there is an intention to outrage the modesty, but the intention is to see that the Finance Minister presents the Budget, which is his constitutional duty."
The court further pointed out that “the members of the legislative Assembly have no right to obstruct the Finance Minister in presenting a budget, except to demonstrate a peaceful protest against the same, if they are aggrieved. In such circumstances, I am of the considered opinion that Section 341 of IPC is not attracted in the facts and circumstances of the case”.
“The test of outrage of modesty is to be determined by thinking whether a reasonable man will think that the act of the offender was intended to or was known to be likely to outrage the modesty of the woman. I am of the considered opinion that, even if there is assault or use of force from the side of the petitioners towards the complainants, the offence under Section 354 IPC is not made out,” the court noted, as it quashed the proceedings against the petitioners.
Source: IANS
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