NEW DELHI: The Supreme Court postponed pronouncing the verdict on government’s plea in the assembly ruckus case. A detailed argument on government’s plea to withdraw the case has been completed. The court criticised prosecutor’s plea to withdraw the case. The court said they did not understand the arguments in the plea and heard it in detail as it was an important case.
Justice Chandrachud asked senior advocate Ranjith Kumar, representing the Kerala government, "Suppose an MLA whips out a revolver in the Assembly and also empties his revolver. Can you say House is supreme on this?" The bench clarified it is not possible to carry a weapon inside the Assembly, but it cited this example to carefully examine the issue before the court. Justice Chandrachud further asked the Kerala government, was it in public interest or in service of public justice to seek withdrawal of prosecution against the MLAs, who have damaged the sanctum-sanctorum of democracy? He reiterated, is it justified?
The apex court wondered, is it in public interest to damage the sanctum sanctorum of democracy and justify to claim that House is supreme authority on the matter. The top court made this observation during the hearing of the Kerala government's plea seeking court's nod to withdraw cases against CPI (M) leaders, including Education Minister V Sivankutty, for vandalism in the state Assembly in 2015, when the current ruling party was in the opposition.
Meantime, the government reversed its position in the Supreme Court as a reference against K M Mani. Ranjith Kumar told the court that it was a protest against the government and that the women MLAs were injured at the time and the clash took place after the women members were taken out.
Citing the heated arguments between lawyers, often witnessed in the Supreme Court, Justice Chandrachud said: "look at the courts. Tempers are lost, lawyers opposing each other in court. Would that justify, if court property is damaged?" Remember that you are not appearing for the accused. At one point, Justice Chandrachood told the lawyer that the only argument here was whether to dismiss the case or not.