New DelhiRajya Sabha Chairman Venkaiah Naidu on Friday clarified that MPs do not have any special immunity from arrest in a criminal case, following heavy uproar by the Congress over the Enforcement Directorate summons to Leader of Opposition Mallikarjun Kharge in the middle of the session. They cannot escape summons issued by law enforcement agencies when the House is in session.
Naidu’s clarification came a day after the ED summoned Kharge for questioning in the National Herald scam case. The veteran Congress leader was questioned for more than 7 hours amid heavy protests by party workers.
Rajya Sabha proceedings were adjourned for almost half an hour till 11.30 am on Friday. There was a ruckus by Congress members accusing the government of misuse of investigative agencies. When the session began in the morning, Chairman M Venkaiah Naidu was proceeding with the listed proceedings that within a few minutes the House had to be adjourned.
What did the Chairman of Rajya Sabha say?
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 action by agencies during the Parliament session. He said that the members of Parliament have certain privileges under Article 105 of the Constitution so that they can perform their duties without any hindrance.
Naidu said this privilege is already covered under Section 135A of the Court of Civil Procedure. He said that there is a privilege that a Member of Parliament cannot be arrested in a civil matter for 40 days before the commencement of the session or meeting of the Committee and 40 days thereafter.
However, in criminal matters, Members of Parliament are the same as a common citizen. This means that the Members of Parliament are not exempted from being arrested in any criminal case during the session or otherwise.
