The Kerala High Court on Thursday observed that the case registered against some former LDF MLAs in connection with the destruction of properties inside the Assembly amidst the bedlam during the 2015 Budget session could not be kept on hold indefinitely.
The court made the observation while disposing of a petition filed by M.T. Thomas of Kottayam and another person seeking a directive to the Chief Judicial Magistrate Court, Thiruvananthapuram, to take a call on a petition filed by the government prosecutor to withdraw the case against the former MLAs.
The court said that merely for the reason of filing an application for withdrawal, the case could not be kept on hold indefinitely. There was no justification for the inordinate delay in rendering a decision on the application seeking withdrawal of the prosecution cases, particularly when the accused were elected members of the Assembly.
The Supreme Court had already issued directives to ensure speedy disposal of cases against sitting and former legislators.
The court directed the magistrate court to take a final decision on the withdrawal applications in two months from the date on which the court resumed normal functioning.
The prosecutor sought permission to withdraw the case against former LDF MLAs K. Ajith; V. Sivankutty; C.K. Sadasivan; K.T. Jaleel, who is now Higher Education Minister; K. Kunjammed; and E.P. Jayarajan, who is now Industries Minister.
The petitioners said that failure of the court in deciding the case within a reasonable time frame would create a wrong impression among the public. The case was being deliberately protracted by the prosecution, the petitioner alleged.
