MPs have no immunity from being arrested in a criminal case during Parliament session: RS Chairman

Rajya Sabha Chairman Venkaiah Naidu on Friday said that there was a wrong notion among the members of Parliament that they were having privilege and immunity from being arrested by the agencies when the parliament was in session.

While privileges provide members, protection from civil laws during the session, it does not make them immune from being arrested in a criminal proceeding.
Naidu’s remark came a day after Congress leader Mallikarjun Kharge raised the question in the House that whether Enforcement Directorate (ED) could summon him while the session is going on.

Naidu said, “this privilege is already incorporated under 135A of the civil procedure 1909. However, in criminal matters, the MPs are not on a different footing than a common citizen. There is a wrong notion among the members that they have a privilege from action by agencies while the session is on.”

Naidu said the Supreme Court in a recent case (State of Kerela vs K Ajeet) stated that “privileges and immunities were not gateways to claim exemption from the general law of the land, particularly the criminal law which governs the action of every citizen.”

Naidu further added that members may also recall that I made an observation earlier, and, in the observation, I said, “No member should avoid appearing before any investigating agency when she or he is called upon to do so by citing the reason of House duty. As lawmakers, it is our bounden duty to respect the law and legal procedures. It applies to all, in all cases, because you can only inform that the House is in session, seeking further date but you cannot avoid the enforcement agencies or the law enforcing agencies’ summons or notices. This has to be taken note by all.”