Legislative Privileges Do Not Shield MLAs from Criminal Prosecution for Public Property Destruction

sketch of the Supreme Court of India
Case
THE STATE OF KERALA v. K.AJITH (Supreme Court of India, 28-07-2021)
Law
Code of Criminal Procedure, Constitution of India, Indian Evidence Act, Indian Penal Code, Prevention of Damage to Public Property Act.

Highlights of the Judgment:

  • Comprehensive examination of the Public Prosecutor's power to withdraw prosecutions under Section 321 of the Code of Criminal Procedure, 1973.
  • Interpretation of parliamentary immunities under Article 194 of the Constitution, clarifying that acts of vandalism do not constitute protected legislative functions.
  • Ruling that legislators hold qualified privileges and enjoy no exemption from the general application of criminal law.
  • Determination that prior sanction from the Speaker is not a mandatory prerequisite for prosecuting MLAs for crimes committed inside the House.