Kochi, Aug 18 The Kerala High Court on Tuesday quashed the criminal proceedings against a former Congress MLA who was accused of wrongfully restraining and outraging the modesty of two then LDF legislators amidst the ruckus in the state assembly in 2015.
The ruckus occurred in the state assembly on on March 13, 2015 as LDF MLAs tried to obstruct the then state Finance Minister K M Mani from presenting the budget and demanded his resignation over corruption allegations against him.
In a setback for the opposition CPI(M)-led LDF, Justice C S Dias quashed the case against Congress leader A T George saying that even if the allegations against him were accepted in their entirety, "they do not disclose the commission of the offences for which he is being prosecuted".
George was being prosecuted for the offences under sections 341 (wrongful restraint), 354 (outraging modesty of women) and 34 (common intention) of the IPC.
Besides George, then Congress MLAs K Sivadhasan Nair, Dominic Presentation and M A Vaheed were also accused by then LDF MLAs K K Lathika and Jameela Prakasham of wrongfully restraining them and outraging their modesty while they were protesting against Mani presenting the budget.
The case against Nair, Presentation and Vaheed was quashed last year by the HC.
With the quashing of the case against George, only the case against several former LDF MLAs, including CPI(M) leader V Sivankutty, of causing a ruckus in the assembly remains for trial in the lower court.
It also turned infructuous an application moved by the former LDF MLAs seeking a joint trial of the cases against them and the then Congress legislators.
In its latest order, the High Court said that it was not quashing the proceedings on an appreciation of the truth or falsity of the allegation, "but because the allegation, even if accepted as true, does not constitute the offences charged".
The case against the former LDF MLAs is set to be taken up by the trial court on September 16.
