In Brief
In March 2015, opposition MLAs in the Kerala Legislative Assembly damaged public property worth Rs 2,20,093 during a budget presentation, causing the Speaker's dais to be vandalized. The state sought to withdraw prosecution under Section 321 of the Criminal Procedure Code, citing the MLAs' immunity under Article 194(3) of the Constitution. The trial court and High Court refused withdrawal. The Supreme Court upheld this refusal, holding that destruction of public property is not a privileged act under Article 194, which protects only speech and voting necessary for legislative deliberation, not criminal vandalism. The Court also rejected claims that the Speaker's sanction was needed to prosecute MLAs for crimes committed within the Assembly and clarified that courts need not examine evidentiary issues in withdrawal applications.
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