Hyderabad : In the eyes of the law, every Indian citizen is equal. Chief ministers are not given any immunity from arrest during their time in office. According to the Code of Criminal Procedure 1973 (CrPC), the law enforcement agency can arrest any person against whom an arrest warrant has been issued by the court, the Financial Express reported.
A CM can only be arrested if there is enough reason to believe that the accused would abscond, will try to destroy evidence, or act in a way so as to avoid the legal process, the report said. Moreover, a CM could be removed from office only when he is convicted in a case. The CM is not legally prohibited from holding office while under investigation.
As per the law, only the President of India and governors of states are given protection from arrest in both civil and criminal cases while in office. Article 361 in the Constitution Of India 1949 says, "No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office."
The Supreme Court had earlier said in an order that while considering prosecution against cabinet members and the chief minister, the governor can act independently without the recommendation of the council of ministers. "...it was rightly thought that in deciding to sanction or not to sanction the prosecution of a Chief Minister, the Governor would act in the exercise of his discretion and not with the aid and advice of the Council of Ministers," a Supreme Court order in 2004 had said.
According to Jagran, "if the chief minister or an Assembly member has to be arrested even in a criminal case, then first of all, the approval has to be taken from the Speaker of the House. The arrest can be made only after the approval of the Assembly Speaker." Here's a look at ex-CMs who faced arrests.
Lalu Prasad Yadav: Lalu Prasad, a former Bihar CM, was put behind the bars in connection with the fodder scam, which revolved around the misappropriation of public funds earmarked for purchasing of livestock feed. He was also accused of diverting substantial amounts of public money over an extended period. The scheme involved the creation of fake bills to facilitate the embezzlement. The scandal came to light in the 1990s. In 2013, Lalu Prasad was found guilty in one case, resulting in a five-year prison sentence and his disqualification from holding elected office.
Jagannath Mishra: Three-time former CM of Bihar Jagannath Mishra was first jailed in 1997. He too was convicted in September 2013 and sentenced to four years in jail.
J Jayalalithaa: Jayalalithaa was the first sitting chief minister of the country to demit office and be arrested in connection with the disproportionate assets case. The late former chief minister of Tamil Nadu faced a high-profile corruption case, accused of amassing assets beyond her known income during her tenure. Allegations included owning extensive properties, jewelry and other assets believed to be acquired through "questionable" means. In 2014, she was convicted and sentenced to four years in prison, leading to her removal as chief minister. She appealed and was acquitted in 2015, regaining her position. The Karnataka government, however, challenged her acquittal and in 2017, the Supreme Court reinstated the conviction. Jayalalithaa passed away before the verdict.
B S Yeddyurappa: Former Karnataka CM B S Yeddyurappa was charged with favouring his sons in land allotments during his tenure. A Lokayukta report of July 2011 found enough evidence to recommend investigation. BSY, as he is known, was jailed in October 2011 but granted bail after 23 days.
Om Prakash Chautala: Om Prakash Chautala, a former chief minister of Haryana, was embroiled in a corruption case regarding teacher recruitment in the early 2000s. Allegations pointed to irregularities and corrupt practices in the selection process. In 2013, he and his son Ajay were convicted on various charges, including cheating and forgery, receiving 10-year prison sentences. Despite appeals, their convictions were upheld by both the Delhi High Court and the Supreme Court in 2015.
Madhu Koda: Madhu Koda, former Jharkhand Chief Minister, was imprisoned for corruption during his tenure. He faced charges of money laundering and accumulating disproportionate assets. Koda was allegedly involved in a mining scandal and accused of granting mining contracts for bribes. According to a report, he and his associates gained over Rs 4,000 crore through such practices. After arrest in 2009, he was released on bail in 2013, but his properties worth Rs 144 crore were attached in a money-laundering case. In 2017, he was convicted and sentenced to three years in prison with a Rs 25 lakh fine.
Chandrababu Naidu: Former Andhra Pradesh Chief Minister and TDP supremo Chandrababu Naidu was arrested on September 9 for allegedly disappropriating funds from the Skill Development Corporation, which resulted in a purported loss of over Rs 300 crore to the state exchequer. He is currently out on interim bail, and his regular bail petition will be heard by Andhra Pradesh High Court on November 10.
Hemant Soren: Jharkhand Mukti Morcha chief Hemant Soren, who resigned as the chief minister of Jharkhand on January 31, 2024, was arrested by the Enforcement Directorate hours in a land scam case. Hemant Soren tendered his resignation several hours after the central agency grilled him. JMM Vice President and Soren family loyalist Champai Soren, who was also a Minister, was named as the successor to Hemant Soren.
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