Supreme Court of India · 2021-07-28
THE STATE OF KERALA vs K.AJITH
- Citation / case number
- SC 2021/11510
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF KERALA
- Respondent
- K.AJITH
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE M.R. SHAH HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court addressed the issue of the withdrawal of prosecution under Section 321 of the CrPC, focusing on the privileges of Members of the Legislative Assembly (MLAs). The Court upheld the High Court's decision which denied the Public Prosecutor's request to withdraw the prosecution against the respondents, emphasizing that MLAs do not have immunity for acts of public destruction. The judgment clarified the limits of legislative privilege and the admissibility of evidence in such cases.