The verdict in the discharge petition filed by General Education Minister V. Sivankutty and others in the Assembly ruckus case is expected on Thursday.
The decision of the Chief Judicial Magistrate Court, Thiruvananthapuram, will have repercussions, given the Opposition United Democratic Front’s attempts to corner the Minister on the floor of the Assembly on a host of issues.
The UDF had raised a volley of protests on the floor of the Assembly and on the streets demanding the resignation of the Minister.
If the plea of Left Democratic Front leaders fail to impress the judge, the discharge petition will be rejected and all the accused, including Mr. Sivankutty, may have to be present in the court at the next posting of the case for the judge to frame charges. The court will also read out the charges against the accused in the process.
A favourable decision from the court will see the Communist Party of India (Marxist) emerge stronger, both in the Assembly and outside, as the accused had received a drubbing at the hands of the Supreme Court when they moved it for quashing the case. The apex court had also asked the accused to face trial.
In the event of an unfavourable decision from the trial court, the accused can file a revision petition at the sessions court or the High Court.
While the prosecution contended that the accused committed offences of criminal trespass and mischief and caused destruction of public property, counsel for the accused submitted that the acts of the accused were part of a public protest.
The defence lawyers also argued that the offences listed under the Prevention of Damage to Public Property Act would not stand against the accused and there was no element of criminal trespass in the incidents.
The prosecution case is that the accused wrongfully entered the dais of the Speaker on March 13, 2015 and destroyed the computer, mike, and other electronic equipment and caused a damage of ₹2.24 lakh to the exchequer in their attempt to prevent the then Finance Minister K. M. Mani from presenting the State Budget.
