New Delhi: Rajya Sabha Chairman M Venkaiah Naidu made a big statement during the ongoing monsoon session of session. He said the privileges of MPs in criminal cases are not available. In the Upper House on Friday (August 5), he said that for the past few days, there has been confusion about the privilege of MPs. Naidu said there is a misconception that the investigating agency cannot take any action against the MPs during the Parliament session.
Naidu cited Article 105 of the Constitution to say that special powers have been granted to any MP to discharge parliamentary duties. He said that a privilege is that no MP can be arrested in civil cases for 40 days before and 40 days after the commencement of a session of Parliament or the meeting of the Parliamentary Committee. Vice President Naidu further said that however, in criminal cases, these privileges do not apply. This provision does not provide a concession to MPs in criminal matters. This means that in the proceedings of criminal cases, MPs are also the same as ordinary citizens and they can also be arrested during a parliamentary session or a committee meeting.
Naidu referred to a system made by the then Presiding Officer, Dr Zakir Hussain, in 1966. It said that no member can refuse to appear before the investigating agency citing discharge of parliamentary duties. Naidu said MPs should fully follow the law and order procedures. It applies to everyone. The probe agency may be asked for the next date to appear before it referring to the session in such cases. Naidu also cited several Supreme Court judgements for this.
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