Won’t just lose minister, MLA posts; Another danger awaits Sivankutty and Jaleel, reason behind govt’s attempt to delay trial

THIRUVANANTHAPURAM: With the high court ruling that the accused should face trial, the government is planning to prolong the trial as much as possible in the assembly ruckus case, in which Education Minister V Sivankutty is an accused. If speedy trial is conducted, then the government is likely to face setbacks. If proven guilty, Minister Sivankutty and MLA K T Jaleel will lose their official berths. In addition, they would be disqualified from contesting elections for six years, as per the Representation of the People Act. In order to avoid such sudden setbacks, the government is attempting to delay the trial as much as possible.

It is the same government which fought in the Supreme Court to withdraw the case and failed, who now has to secure punishment for the offenders. The case holds the rarity of the government being the plaintiff and the defendant simultaneously. Prosecutions deputy director Balachandra Menon, who was appointed by the government, will have to plead for the minister's conviction. Then assembly secretary P D Sarangadharan, under whose complaint the FIR was registered, is the first witness in the case. The watch and ward are also witnesses. However, it remains to be seen how many policemen will testify against the minister and the MLA. In the plea to withdraw the case in the Supreme Court, the government had argued that the investigation team had not recorded the statements of all the officials present in the assembly that day and that the prosecution had only a remote chance to prove the case.

The strong digital evidence is the footage, which was seen live by the whole world. As the court ordered that the visuals captured by the assembly secretariat would be taken as evidence, the government is concerned about the future of the case. If the visuals are examined, then more MLAs are likely to be named accused in the case. Under Sections IPC-109 and CrPC-319, the trial court has the power to make more persons accused too.

Crime and Punishment

• Prevention of Damage to Public Property Act, 1984 – Imprisonment up to five years and fine
• IPC 447 Trespassing – Imprisonment for three months, fine of Rs 500
• IPC 427 Damage to public property – Imprisonment for two years, fine