The Kerala High Court on Friday, September 13 exonerated three former United Democratic Front (UDF) MLAs -- MA Waheed, Dominic Presentation, and K Sivadasan Nair -- in the 2015 Legislative Assembly ruckus case. The Assembly had witnessed unprecedented scenes on March 13, 2015 as the Left Democratic Front (LDF) members, then in the opposition, tried to prevent Finance Minister K M Mani, who was facing charges in the bar bribery scam, from presenting the state budget.
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 PV Kunhikrishnan quashed the proceedings against the three ex-Congress MLAs while hearing a petition filed by them challenging the case.
Besides flinging the Speaker's chair from the podium, electronic equipment like computers, keyboards and mikes on the desk of the presiding officer were also allegedly damaged by the then LDF members, causing a loss of Rs 2.20 lakh.
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 KT Jaleel, who, despite approaching the apex court, are still facing trial.
Soon after the police registered cases against the six opposition legislators, Left MLAs Jameela Prakasham and KK 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 a situation, it cannot be said that there is an intention to outrage 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 to 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.