Thiruvananthapuram, Oct 13 (PTI) In a setback for Kerala"s ruling LDF, a court here on Wednesday dismissed the discharge petitions filed by General Education Minister V Sivankutty and five others in the 2015 Assembly ruckus case, saying the material produced before it by the prosecution disclose a grave suspicion that the accused have committed the offences. Dismissing the petitions, the Chief Judicial Magistrate (CJM), Thiruvananthapuram also directed the minister and five other accused to appear before it on November 22 to frame charges. Besides Sivankutty, the other accused in the case are E P Jayarajan, K T Jaleel, K Ajith, C K Sadasivan and K Kunhammed, all opposition MLAs then. Both Sivankutty and Jaleel are currently members of the State Legislative Assembly. In its order the court said the statement of the witnesses recorded by the police, DVDs and other documents before the court disclose that there are sufficient circumstances against the accused to frame a charge against accused numbers 1 to 6. "The materials produced by the prosecution lead this court to think that there is ground for presuming that accused have committed the offences", the order said. The court termed as "not sustainable", the contentions raised by the defence counsel "at this stage" that the material produced by the prosecution are not sufficient to frame charge against the accused under Section 447 and 427, read with 34 of Indian Penal Code and Section 3(1) of Prevention of Damage to Public Property Act. "The material produced before this court by the prosecution disclose a grave suspicion that accused numbers 1 to 6 have committed the offences. The grounds canvassed by accused numbers 1 to 6 for discharge are not sustainable at this stage". "Upon considering the police report, documents sent with it and after hearing the prosecution and accused this court cannot consider the charge against the accused to be groundless", the order said. The court further said that on sifting and weighing the materials produced by the prosecution and on considering the police report, documents sent with it under section 173 of CrPC and hearing both sides, it is of the opinion that there is sufficient ground for presuming that accused have committed offences punishable under section 447, 427 read with 34 of Indian Penal Code and Section 3(1) of Prevention of Damage to Public Property Act. "Hence accused numbers 1 to 6 are not entitled to get discharge as prayed for", it said. Reacting to the court order, Leader of the Opposition in the State Assembly V D Satheesan said Sivankutty has lost the moral right to continue as a minister. Urging the minister to quit, the Congress leader said the court rejected their petitions considering the visuals of Sivankutty and others destroying public property by climbing on the desk in the Assembly. The trial court in September last year had rejected the LDF government"s plea for withdrawing a case related to the ruckus in the state assembly, saying allowing it would send a wrong message to society. The petition was filed by the government seeking withdrawal of the case registered under sections 447 (criminal trespass), 427 (mischief causing damage), read with section 34 of the Indian Penal Code (IPC) and Sec 3(1) of the Prevention of Damage to Public Property (PDPP) Act by the previous Oommen Chandy-led UDF government. Subsequently on July 28, the Supreme Court dismissed the Kerala government"s plea for withdrawal of the case against the six LDF leaders, saying privileges and immunities "are not gateways" to claim exemptions from criminal law which governs the action of every citizen. The apex court had also said that committing acts of destruction of public property cannot be equated with either freedom of speech in the legislature or with forms of protest legitimately available to the members of the Opposition. The assembly had witnessed unprecedented scenes on March 13, 2015 as the LDF members, then in the opposition, tried to prevent Finance Minister K M Mani, who was facing charges in the bar bribery scam, from presenting the state budget. Besides flinging the Speaker"s chair from the podium, electronic equipment like computers, keyboards and mikes on the desk of the presiding officer were also allegedly damaged by the then LDF members, causing a loss of Rs 2.20 lakh. PTI TGB APR APR