Warangal CP AV Ranganath said they had informed Lok Sabha Speaker Om Birla about the arrest of Bandi Sanjay, since it was necessary for the police to inform the Speaker of Lok Sabha or Chairman of Rajya Sabha about the arrest of MPs
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Warangal: Police Commissioner AV Ranganath said they had informed Lok Sabha Speaker Om Birla about the arrest of Bandi Sanjay, since it was necessary for the police to inform the Speaker of Lok Sabha or Chairman of Rajya Sabha about the arrest of MPs.
The MPs enjoy “certain privileges so that they can perform their parliamentary duties without let or hindrance” according to Article 105 of the Constitution. 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. But this privilege is already incorporated under Section 135A of the Civil Procedure Code, 1908.
However, in connection with criminal matters, MPs “are not on a different footing than a common citizen”, he said.
The MP does not enjoy any immunity from being arrested in a criminal case during the session or otherwise. There have been a number of rulings by Presiding Officers, he said, citing one ruling given in 1966 by Dr Zakir Hussain (the then Rajya Sabha Chairman), which said ‘Members of Parliament do enjoy certain privileges so that they can perform their duties. One such privilege is freedom from arrest when the Parliament is in session. This privilege of freedom from arrest is limited only to civil cases and has not been allowed to interfere in the administration of criminal proceedings’.
