In Brief
On 13 March 2015, opposition MLAs in the Kerala Legislative Assembly damaged public property during a budget presentation, causing Rs. 2,20,093 in losses. The State later sought to withdraw prosecution under Section 321 of the CrPC, claiming the MLAs' actions were privileged protest protected by Article 194. The Court dismissed the withdrawal application, holding that destruction of public property is not covered by parliamentary immunity. Parliamentary privileges exist to enable legislative functions, not to shield members from criminal law. The Court affirmed that concurrent decisions of lower courts need careful scrutiny before appellate interference and that evidentiary issues must be determined at trial, not at the withdrawal stage.
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