MPs are not exempted from arrest in criminal cases during Parliament session: Naidu

Author: Yuvi August 5, 2022

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Rajya Sabha Chairman M Venkaiah Naidu on Friday clarified that Members of Parliament have no immunity from arrest in criminal cases when the House is in session and cannot escape summons issued by law enforcement agencies.

Rajya Sabha proceedings were adjourned for nearly half an hour till 11.30 am on Friday as Congress members created a ruckus alleging misuse of investigative agencies by the government.

When the Upper House met for the morning session, Chairman M Venkaiah Naidu went ahead with the scheduled task of laying the listed papers, but the House had to be adjourned within minutes.

More than 10 members of Congress reached the Well of the House to protest the alleged misuse of central investigative agencies. Congress members said that Leader of Opposition in Rajya Sabha Mallikarjun Kharge has been “insulted” as he was summoned by the Enforcement Directorate during the working hours of Parliament on Thursday.

When the Upper House resumed after the adjournment at 11:30 pm, Naidu said there was a misconception among the members that they were privileged by the action by the agencies during the Parliament session.

He said that under Article 105 of the Constitution, the members of Parliament have certain privileges so that they can perform their duties without any hindrance.

Naidu said that there is a privilege that a Member of Parliament cannot be arrested in any civil matter for 40 days before the commencement of the session or meeting of the Committee and 40 days thereafter. Court.

“However, in criminal matters Members of Parliament are not on a different footing than an ordinary citizen. This means that there is no exemption to the Members of Parliament from being arrested in any criminal case during the session or otherwise,” clarified Naidu.

He referred to his earlier observations and judgments of the Supreme Court in this regard.

Naidu reiterated that any member of the House should refrain from appearing before any investigative agency citing reasons of duty of the House.

“This applies to everyone… because you can only perform when the House is seeking a further date, but you cannot escape summons or notices from enforcement agencies or law enforcement agencies. To everyone on this Attention has to be paid,” said the Rajya Sabha chairman.

5 August, 2022, 3:05 pm

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