MPs cannot avoid summons of law enforcement agencies: Venkaiah Naidu

India

oi-Deepika S

New
Delhi,
Aug
05:
Rajya
Sabha
Chairman
M
Venkaiah
Naidu
on
Friday
clarified
that
members
of
Parliament
do
not
enjoy
any
immunity
from
arrest
in
criminal
cases
when
the
House
is
in
session
and
they
cannot
avoid
summons
issued
by
law
enforcement
agencies.

Rajya
Sabha
proceedings
were
adjourned
for
almost
half
an
hour
till
11.30
am
on
Friday
as
Congress
members
created
an
uproar
alleging
misuse
of
probe
agencies
by
the
government.

When
the
Upper
House
assembled
for
the
morning
session,
Chairman
M
Venkaiah
Naidu
proceeded
with
the
scheduled
business
of
laying
of
the
listed
papers
on
the
table,
but
had
to
adjourn
the
House
within
a
few
minutes.

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

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When
the
Upper
House
reassembled
after
the
adjournment
at
11:30,
Naidu
said
there
is
a
wrong
notion
among
the
members
that
they
have
a
privilege
from
action
by
agencies
while
Parliament
is
in
session.

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

One
of
the
privileges
is
that
a
member
of
Parliament
cannot
be
arrested
in
a
civil
case
40
days
before
the
commencement
of
the
session
or
committee
meeting
and
40
days
thereafter,
Naidu
said,
adding
that
this
privilege
is
already
incorporated
under
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
past
observations
in
this
regard
and
Supreme
Court
rulings.

Naidu
reiterated
that
no
member
of
the
House
should
avoid
appearing
before
any
investigating
agency
is
he
is
called
upon
to
do
so,
by
citing
reasons
of
the
House
duty.

“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
said.