MPs don’t take pleasure in immunity from arrest in felony circumstances throughout Parliament session: Naidu

Rajya Sabha Chairman M Venkaiah Naidu on Friday clarified that members of Parliament don’t take pleasure in any immunity from arrest in felony circumstances when the House is in session they usually can not keep away from summons issued by regulation enforcement companies.

Rajya Sabha proceedings have been adjourned for nearly half an hour until 11.30 am on Friday as Congress members created an uproar alleging misuse of probe companies by the federal government.

When the Upper House assembled for the morning session, Chairman M Venkaiah Naidu proceeded with the scheduled enterprise of laying of the listed papers on the desk, however needed to adjourn the House inside a couple of minutes.

More than 10 Congress members trooped into the Well of the House, protesting towards the alleged misuse of central probe companies. The Congress members mentioned the Leader of Opposition within the Rajya Sabha, Mallikarjun Kharge, has been “insulted” as he was summoned by the Enforcement Directorate on Thursday throughout the working hours of Parliament.

When the Upper House reassembled after the adjournment at 11:30, Naidu mentioned there’s a fallacious notion among the many members that they’ve a privilege from motion by companies whereas Parliament is in session.

He mentioned that below Article 105 of the Constitution members of Parliament take pleasure in sure privileges to allow them to carry out their duties with none hindrances.

One of the privileges is {that a} member of Parliament can’t be arrested in a civil case 40 days earlier than the graduation of the session or committee assembly and 40 days thereafter, Naidu mentioned, including that this privilege is already included below Section 135A of the Civil Procedure Court.

“However, in criminal matters members of Parliament are not on a different footing than a common citizen. That means members of Parliament do not enjoy any immunity from being arrested in a criminal case during the session or otherwise,” Naidu clarified.

He cited his previous observations on this regard and Supreme Court rulings.

Naidu reiterated that no member of the House ought to keep away from showing earlier than any investigating company is he’s referred to as upon to take action, by citing causes of the House responsibility.

“It applies to all…because you can only perform when the House is in session seeking further date but you cannot avoid the enforcement agencies or the law enforcement agencies’ summons or notices. This has to be taken note of by one and all,” the Rajya Sabha Chairman mentioned.

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