New Delhi: A day after Leader of the Opposition in Rajya Sabha and Congress MP Mallikarjun Kharge slammed the Centre over the Enforcement Directorate (ED) issuing summon to him while the Parliament is in session, Rajya Sabha Chairperson M Venkaiah Naidu said that MPs cannot avoid summons in criminal cases regardless of whether the Parliament is in session.
"MPs cannot avoid summons of law enforcement agencies in criminal cases when the session is on or otherwise. As law-abiding citizens, it's our duty to respect law & legal procedure," said Naidu. He also said that there is a "wrong notion" among MPs that they have a privilege from actions by agencies while the Parliament is in session adding that when it comes to criminal cases a member of Parliament does not enjoy any privileges.
"There is a wrong notion among members that there is a privilege from actions by agencies while Parliament is in session. I have given serious thought and examined all the precedence I also remember my earlier ruling that under Article 105 of the Constitution Members of Parliament enjoy certain privileges so that they can perform their Parliamentary duties without any hindrance," said Naidu.
He also said that 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 adding that the privilege is already incorporated under 135 A of the Civil Procedure Code 1909.
"However, in criminal matters, Members of Parliament are not on a different footing than a common citizen. This means that a Member of Parliament do not enjoy any immunity from being arrested in a criminal case during the session or otherwise," said Naidu.
Naidu also referred to one of the rulings given in 1966 by Dr. Zakir Hussain in this regard. "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," stated Naidu quoting the ruling.
"No Member should avoid appearing before any investigating agency when she or he is called upon to do so by citing reason of House duty. As law makers, it is our bounden duty to respect the law and legal procedures," he stated quoting one of his earlier rulings.
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" 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," added Naidu.
Referring to the Suptreme Court observation in the landmark case of K. Anandan Nambiar and Another, Naidu said that the court held that the true constitutional position is that so far as valid order of detention is concerned, a Member of Parliament can claim no special status higher than that of an ordinary citizen and is as much liable to be arrested, detained or questioned even during the Session.
Naidu also quoted from a Supreme Court observation made in the recent case of State of Kerala Vs K. Ajith and Others. Quoting the observation Naidu said " "privileges and immunities are not gateways to claim exemptions from the general law of the land, particularly as in this case, the criminal law which governs the action of every citizen."
"There are so many rulings like that. So, let there be clarity in the minds of hon. Members. That is why I reiterated this," he added. Kharge on Thursday accused the Centre of using investigating agencies such as the ED to intimidate the Opposition leaders. ED issued to summon to Kharge in relation to the National Herald case for which Sonia Gandhi and Rahul Gandhi were recently questioned over alleged tax evasion.
