Finding fault with the observations made by Rajya Sabha Chairman M Venkaiah Naidu regarding the summoning of the Leader of Opposition Mallikarjun Kharge by the Enforcement Directorate, Congress on Monday said the agency’s action was an “outright affront” to Parliament and urged the presiding officers of Lok Sabha and Rajya Sabha to ensure that “such gross affronts” do not recur.
The party’s remarks came following observations made by Naidu in Rajya Sabha on Friday 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, as the Congress raised the issue of the ED summoning Kharge to conduct a search in Herald House in connection with the money laundering case involving National Herald.
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Congress General Secretary (Communications) Jairam Ramesh said they do not dispute the well-established position that privileges are not available in criminal cases but pointed out that Kharge was not an accused in the case. Kharge had left Parliament on August 4 afternoon to be present in Herald House to facilitate the searches, after raising objections about the summons.
Claiming that the summons were issued for the “sole purpose” of conducting a search and recording of a statement to that effect, Ramesh said, “this exercise could very well have been conducted in the presence of counsel authorised by the Leader of Opposition (LoP) for the purpose. The ED did not accede to this request and insisted on his presence. This was done with the sole purpose of harassing the LoP and the Congress party.”
Noting that Kharge was required to be present there for more than eight hours, he said in a statement, in such matters, issuing of summons by ED or any law-enforcing agencies to any MP much less the LoP when the Parliament is in session, is an “outright affront to the sacred institution” of Parliament and Parliamentarians.
“Under the circumstances, in keeping with the sanctity of Parliament and Parliamentarians and its time-honoured conventions, it is high time that the presiding officers of both Houses may deliberate and ensure that such gross affronts on the Parliament and MPs does not recur,” he said.
Ramesh said that Kharge had earlier requested the ED to allow his representative to be present in his place citing his commitments as Leader of Opposition when the Parliament is in session but the agency did not budge despite offering “fullest” cooperation. Citing rules, he said the House has the right to be informed as to why a MP is not able to attend the sitting.
On Friday, Naidu said in Rajya Sabha that there is a wrong notion among MPs that they have a privilege from action by agencies while Parliament is in session. He said MPs enjoy certain privileges so they can perform their duties without any hindrances under 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, 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.