Summons to Kharge during House session: Why Venkaiah Naidu said can’t claim immunity | Political Pulse News,The Indian Express
Naidu said it was “a wrong notion” among members that they have privilege from action by agencies while Parliament is in session.
Congress Leader of Opposition in the Rajya Sabha Mallikarjun Kharge has claimed he was “insulted” as he was summoned by the Enforcement Directorate on Thursday during the working hours of Parliament. On Friday, House Chairman M Venkaiah Naidu said that MPs do not enjoy any immunity from arrest in criminal cases when the House is in session, and they cannot avoid summons issued by law enforcement agencies.
Naidu said it was “a wrong notion” among members that they have privilege from action by agencies while Parliament is in session. He went on to cite Article 105 of the Constitution, entailing MPs certain privileges so they can perform their duties without any hindrances; and Section 135A of the Civil Procedure Code that, he said, incorporates the privileges.
“However, in criminal matters, MPs are not on a different footing than a common citizen. That means MPs do not enjoy any immunity from being arrested in a criminal case during the Session or otherwise,” Naidu said, also citing past observations in this regard and Supreme Court rulings.
Naidu reiterated that no member of the House should avoid appearing before any investigating agency if called, by citing reasons of House duty.
Article 105 of the Constitution