Kochi: Kerala High Court on Thursday stayed the criminal proceedings initiated against MLA Dominic Presentation based on a complaint by MLA Jameela Prakasam for allegedly humiliating her during the ruckus at state Assembly last year.
The court stayed the Thiruvananthapuram Judicial First Class Magistrate Court order directing police to register a case against UDF MLAs MA Waheed, Dominic Presentation, AT George and K Sivadasan Nair. Justice P Ubaid issued the order after MLA Dominic Presentation moved court challenging the proceedings against him.
The court observed that complaint does not show any overt act done by the petitioner. The statement given by the complainant are prominently against the other accused.
The court held that in the absence of definite material, continuance of prosecution will be an abuse of legal proceedings. Police registered a case against the MLAs under Section 341 (wrongful restraint)/and Section 354 r/w 34 of IPC (assault on woman).
The petitioner submitted that the allegation in the complaint did not prima-facie constitute any offence or point out a case against him. He further contended that proceedings were initiated as per complaint solely on the basis of certain words allegedly spoken inside the Assembly so the case against him was gross violation of the privilege of the House of Legislature and its members.
