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2021 Supreme(SC) 386

D.Y.CHANDRACHUD, M.R.SHAH
State of Kerala – Appellant
Versus
K. Ajith – Respondent


Advocate Appeared:
For the Appellant :Jaideep Gupta, Rajagopalan Nair, P.S. Sudheer, Anne Mathew, Bharat Sood, Shruti Jose, G. Prakash, Jishnu M.L., Priyanka Prakash, Beena Prakash, Advocates
For the Respondent:Bharti Tyagi, Ramesh Babu M.R., Advocates

Judgement Key Points

Based on the provided legal document, here are the key points regarding the Supreme Court's judgment in State of Kerala vs. K. Ajith & Ors.:

1. Withdrawal of Prosecution under Section 321 CrPC * The Public Prosecutor may withdraw from a prosecution not merely due to paucity of evidence but also to further the broad ends of public justice. * The Public Prosecutor must formulate an independent opinion before seeking the court's consent to withdraw. * While the initiative coming from the government does not vitiate the application, the court must elicit reasons to ensure the Prosecutor was satisfied that withdrawal is necessary for good and relevant reasons. * The court exercises a supervisory function, not an adjudicatory one; it must ensure the withdrawal is not for illegitimate reasons or to stifle the normal course of justice. * Good faith is a consideration but not dispositive; the court must also scrutinize for improprieties that would cause manifest injustice. * In cases involving public funds and public trust, the court is justified in scrutinizing the gravity of the offence and its impact on public life. * The Apex Court exercises caution before disturbing concurrent findings of the trial judge and revisional court unless there is a failure to apply correct principles.

2. Immunities and Privileges of MLAs (Articles 105 and 194) * A person committing a criminal offence within the precincts of the House does not hold an absolute privilege. * MLAs possess a qualified privilege and receive immunity only if the action bears a nexus to the effective participation of the member in the House. * The Court has the authority and jurisdiction to determine whether a claim of privilege or immunity is sustainable under the Constitution; legislatures cannot assert powers of self-composition. * Acts of destruction of public property (vandalism) cannot be termed as manifestations of freedom of speech or "proceedings" of the Assembly. * Privileges are functional to enable legislators to perform duties without hindrance, not a mark of status to stand above the general law of the land. * No member of an elected legislature can claim exemption from criminal law sanctions.

3. Specific Findings on the Case Facts * Nature of Offence: The acts of climbing the dais and damaging furniture (causing loss of Rs. 2,20,093) during a budget protest constitute vandalism and destruction of public property, which are not privileged. * Sanction of Speaker: * Section 197 CrPC applies only to public servants removable by or with the sanction of the government; MLAs are elected representatives and do not fall under this provision. * The prior sanction of the Speaker is not a mandatory pre-requisite for initiating prosecution against MLAs for offences committed within the House, unlike the specific requirements for MPs under the Prevention of Corruption Act. * Video Recording Evidence: * The video recording of the incident was not a "publication" under Article 194(2) because it was obtained from internal records without the authority of the House and did not relate to the essential functions of the House. * Questions regarding the admissibility of evidence and sufficiency of evidence are matters for the trial court, not the court deciding on withdrawal under Section 321.

4. Conclusion * The application for withdrawal of prosecution was based on a fundamental misconception of constitutional provisions regarding privileges. * Allowing withdrawal in this case would interfere with the normal course of justice and exempt elected representatives from criminal law, contrary to the broad ends of public justice. * The Chief Judicial Magistrate was justified in declining consent for withdrawal. * The appeals were dismissed.


JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

This judgment has been divided into the following sections to facilitate analysis:

    A. Factual Background

    B. Submissions of Parties

    C. Issues and Analysis

    C.1 Withdrawal of prosecution

    C.2 Immunities and Privileges of MLAs

    C.2.1 Position in the United Kingdom

    C.2.2 Position in India

    C.3 Privilege to commit acts of public destruction - An incongruous proposition

    C.4 Sanction of Speaker

    C.5 Claiming privilege and inadmissibility of video recordings as evidence

    C.5.1 Immunity from publication of proceedings of the House

    C.5.2 Inadmissibility of the video recording as evidence

A. Factual Background

1. Leave granted.

2. The appeals arise out of a judgment of a Single Judge of the High Court of Kerala dated 12 March 2021. The High Court in the exercise of its revisional jurisdiction under Section 397 of the Code of Criminal Procedure, 19731["CrPC"] upheld the order of the Chief Judicial Magistrate2["CJM"], Thiruvananthapuram declining to grant permission to the Public Prosecutor to withdraw the prosecution of the first to sixth respondents under Section 321 of the CrPC.

3. On 13 March 2015, the then Finance Minister was presenting the budget for the financial ye

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