Kerala assembly vandalism: opposition calls for special prosecutor
Congress leader Ramesh Chennithala wrote to CM Pinarayi Vijayan requesting the appointment of a special prosecutor of the choice of Congress
The Kerala LDF ruling recently suffered an embarrassing setback in the Supreme Court over a ruling that dismissed the government’s request to drop the lawsuits against six LDF MPs under the IPC and the Personal Damage Prevention Act 1984. public ownership for allegedly vandalizing the assembly in 2015. Opposition The UDF is now determined to exploit the SC decision.
Senior Congress official Ramesh Chennithala wrote to Chief Minister Pinarayi Vijayan demanding the appointment of a special prosecutor chosen by Congress. A public prosecutor usually works on behalf of the government. This would create a conflict of interest in this case. Chennithala requested that lawyer A Sureshan be appointed.
Sureshan is a well-known Kerala prosecutor who has represented the government in many controversial cases. He served the government from 1995 to 2002 in lower courts. “There is a clear case of conflict of interest. A prosecutor who has spoken in favor of the government cannot present this case in a free and fair manner, ”said lawyer Asif Ali, a former director general of prosecutions who served in the UDF.
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Legal experts have varying opinions on the issue of conflict of interest. The appointment of the special prosecutor must also be made by the cabinet of which the accused Minister K Sivankutty is a member.
According to Dr NK Jayakumar, former secretary of the assembly, the minister must stay out of the decision-making process. “Leaving the job is an ethical and moral question rather than a legal one. Legally speaking, the minister must stay away from meetings where decisions about the case are made, ”he said. Federal.
Chennithala insisted on the minister’s resignation as part of efforts to bring justice. “There is indeed a conflict of interest in the appointment of the public prosecutor who supports the government and should appear at trial. Therefore, we want a special prosecutor, ”he said. “The accused minister must resign,” he said.
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Chennithala said the opposition would engage in a legal battle if the state government did not bow to the demand for the appointment of a special prosecutor. “Why defend a Sureshan?” That’s its success rate, ”Chennithala said.
According to the letter sent to the CM, the government wrongly granted a “no objection” certificate to the public prosecutor to withdraw from prosecution in the case. “The public prosecutor, without any solicitude, acted as an obedient servant of the government,” the letter indicates.
The case was registered following a complaint lodged by the legislative secretary about incidents in the assembly on March 13, 2015, during the tenure of the UDF government.
The defendants, including the current Minister of Education V Sivankutty, had disrupted the presentation of the state budget by the then Minister of Finance, KM Mani. Sivankutty broke into the President’s chamber and destroyed property valued at 2,093.
The Supreme Court, in the recent judgment, rejected the state government’s arguments and ruled that members cannot invoke legislative privilege in order to avoid a trial. The case was therefore brought to trial, which would be the first of its kind in Kerala’s legal history.