Amid Left divide, CPI(M) in tight spot over rape charge against MLA Mukesh

A FIR filed against actor-MLA M Mukesh has put Kerala’s CPI(M)-led government in a difficult position.

The Communist Party of India (Marxist) is trying to defend the MLA by pointing out that two Congress MLAs in the Assembly, who are also facing rape charges, have not resigned from their posts.

"Mukesh is only the third MLA facing such allegations. Congress MLAs Eldhose Kunnappally and M Vincent, who have been chargesheeted for rape, continue to serve,” LDF convenor and CPI(M) leader EP Jayarajan said.

"Had they resigned, then the third MLA (Mukesh) too would have to resign. The law is applicable equally to all legislators. By asking for Mukesh' resignation, you are protecting the other two," he said.

Not protect wrongdoer

However, at the same time, Jayarajan made it clear that the government will not protect any wrongdoer, no matter who the person may be.

“Our government will not support anyone found guilty, and the investigation will be impartial and transparent, as evidenced by the formation of the SIT (Special Investigation Team)," Jayarajan told the media.

Former minister and All India Democratic Women's Association (AIDWA) secretary PK Sreemathi echoed similar views, saying it is not mandatory for an MLA to resign under such circumstances.

CPI stand

However, the Communist Party of India, an LDF partner, has publicly called for Mukesh’s resignation.

"Now that a case has been registered against him, he has no moral right to continue," said CPI national executive member Annie Raja.

"Now with a case being registered against him, he no longer has the moral or legal standing to continue in that post. He should resign from his post as MLA. It will also support the state government's efforts to ensure a safe and secure working environment for women in the film industry in the wake of the Hema Committee's findings,” she said.

Party state secretary Binoy Viswom has also expressed displeasure, and said the CPI will communicate its stance to the CPI(M) leadership.

SIT case

Meanwhile, Mukesh met with Chief Minister Pinarayi Vijayan to present his side of the story, dismissing the allegations and submitting WhatsApp chats and other 'electronic evidence'.

Sources close to the MLA suggest he will not seek anticipatory bail, unlike other accused.

Mukesh has been booked under sections 375, 354, 520 and 508 of the Indian Penal Code (IPC) after DIG Ajitha Begum Sultana and AIG Poonguzhali recorded on Wednesday the statement of an actress who alleged sexual harassment.

The SIT is reportedly working to gather all statements systematically to build a strong case, an officer told The Federal.

CPI(M) not to defend Mukesh

According to party sources, the CPI(M) is unlikely to seek Mukesh's resignation immediately but the leadership will refrain from publicly defending him.

The MLA's relationship with the Kollam district unit of the party is already strained, with significant criticism raised against him in the district secretariat.

The CPI(M) has issued an unofficial directive to its members not to support the MLA on social media. This is evident from the responses on pro-party handles which are predominantly against Mukesh.

A decision regarding his resignation will be made after the SIT’s preliminary report and potential further actions, including his arrest.

Within the CPI(M), some leaders argue that the position of an MLA is an elected one, and resigning is not as simple as stepping down from a designated post. "If proven innocent, one cannot easily regain the position," said a party leader.

However, another faction believes that Mukesh’s resignation is inevitable and should be seen as collateral damage in such a watershed moment.

This faction argues that the MLA's resignation could put the Opposition in a difficult spot as two of their MLAs have not stepped down despite facing rape charges.

Banking on CM, say actors

The survivors who levelled allegations against prominent actors say it was the chief minister's assurance that the government would stand by them which gave them the courage to file complaints.

"I didn't file the complaint earlier because the atmosphere in the state was completely against the complainants. Now, the situation has changed. The Hema Commission report came out, and the chief minister assured us of protection,” said one complainant.

“That gave me the confidence to take this step. The DIG and AIGs were very empathetic, and I am hopeful of a positive outcome," she said.

Now, the ruling LDF finds itself in a tough spot and will have to make a decision regarding the continuation of its MLA who is under fire for multiple allegations of sexual misconduct from different women.

FIRs filed

A FIR on charges of rape was registered against Mukesh in Kochi city on Wednesday night, a police officer said.

This is the third FIR against a Malayalam film personality following allegations of sexual harassment against various directors and actors in the wake of revelations in the Justice K Hema Committee report.

On Wednesday, police booked actor Sidhique for allegedly raping an actress in a hotel eight years ago.

The first case was against director Ranjith on a complaint by a female actor from West Bengal regarding an incident which occurred in 2009.