Probe agencies can summon MPs even when house is in session: Venkaiah Naidu after ED's summon to Mallikarju Kharge

New Delhi: After a heavy uproar by the Congress on Enforcement Directorate’s summon to the leader of the opposition Mallikarjun Kharge midway through the session, Rajya Sabha Chairman Venkaiah Naidu on Friday clarified and elucidated that the MPs do not enjoy any special immunity from arrest in criminal cases even when the house is in session and thus, they cannot avoid summons issued by law enforcement agencies, reported PTI. Naidu’s clarification came a day after Kharge was summoned by the ED for questioning on the infamous National Herald Scam case. The veteran Congress leader was questioned for over 7 hours amid massive protest by party workers.

Rajya Sabha proceedings were adjourned for almost half an hour till 11.30 am on Friday as Congress members created an uproar alleging misuse of probe agencies by the government.

When the Upper House assembled for the morning session, Chairman M Venkaiah Naidu proceeded with the scheduled business of laying of the listed papers on the table, but had to adjourn the House within a few minutes.

What did the Rajya Sabha chairman say?

When the Upper House reassembled after the adjournment at 11:30, Naidu said there is a wrong notion among the members that they have a privilege from action by agencies while Parliament is in session.

He said that under Article 105 of the Constitution members of Parliament enjoy certain privileges so they can perform their duties without any hindrances.

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, Naidu said, adding that this privilege is already incorporated under Section 135A of the Civil Procedure Court.

"However, in criminal matters, members of Parliament are not on a different footing than a common citizen. That means members of Parliament do not enjoy any immunity from being arrested in a criminal case during the session or otherwise," Naidu clarified.

The Congress termed Kharge’s grilling by the ED a violation of parliament protocol and argued that MPs, especially the leader of the opposition cannot be summoned in the middle of the session.

Calling it harassment at the hands of investigation agencies, senior Congress leader Jairam Ramesh said that the law enforcement agency should have given summons before or after the session. The leader also pointed out that the ED continued to question Kharge for hours despite knowing that he hosted a dinner for the opposition’s Vice Presidential candidate Margaret Alva on Thursday.

(With PTI inputs)