The high-profile arrest of Youth Congress (I) leader and former legislator K.S. Sabarinadhan on the charge of tasking three fellow activists to imperil Chief Minister Pinarayi Vijayan on board an Indigo flight that landed in Thiruvananthapuram from Kannur on June 13 set off a ripple of protest in the Assembly on Wednesday.
The police arrested Mr. Sabarinadhan on the charge of conspiracy on Tuesday. A magistrate court released him on bail later, amidst strident street protests by Congress workers. It also reportedly observed that a WhatsApp message was no proof of conspiracy. Moreover, the former legislator was unlikely to jump bail and abscond.
Mr. Sabarinadhan's arrest figured in the Assembly during the Zero Hour. However, Deputy Speaker Chittayam Gopakumar denied the Congress-led United Democratic Front (UDF) the opportunity to table a motion to adjourn the House to debate the whys and wherefores of the arrest. UDF members walked out in protest.
Earlier, Law Minister P. Rajeeve and Leader of Opposition V.D. Satheesan sparred briefly over whether Assembly rules or legislative precedence prevailed.
Mr. Rajeeve said Assembly rules precluded legislators from tabling an adjournment motion to debate a serious case under judicial scrutiny.
Such a debate could prejudice the investigation and trial. The Minister said rules prevailed over precedence. “Moreover, the Opposition’s motion lacked the gravitas that warranted a discussion.”
Mr. Satheesan disagreed. The Kerala Assembly has recurrently sworn by the doctrine of precedence. It stood by things decided.
Mr. Rajeev's theory did not hold water. The previous Oommen Chandy government had allowed the Opposition to table adjournment motions about the Solar investment fraud case at least seven times in the Assembly. It allowed five adjournment motions regarding the bar bribery case.
Mr. Satheesan said: "The police had unfairly arrested a former member of the House at the instance of the ruling disposition. Chief Minister Pinarayi Vijayan is scared to allow an adjournment debate. He has robbed legislators of their inalienable right to hold the government to account. An adjournment motion is a legislative privilege. The ruling front has infringed on it. When the opposition raises issues, the CM runs away like a cornered coward".
Mr. Satheesan agreed it was the government's prerogative whether or not to allow an adjournment debate. But, it had no right to restrain the opposition from tabling an adjournment motion.
Deputy Speaker Chittayam Gopakumar noted that Assembly had respect for precedent. But, rules prevailed. He disallowed the adjournment motion. However, he allowed Congress legislator Shafi Parambil to raise Mr. Sabarinath's arrest as a submission.
