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Prateem   20 December 2015

Arrest procedure of mla

Hello all,

To the extent of my knowledge the Speaker of the House must be informed while arresting a Member of Legislative Assembly outside the premises of the House and the Speaker's permission must be taken in case the arrest is to be done inside the premises of the House. I would like to know as to why such a procedure has been formed and why is it necessary to inform the Speaker? Won't the permission of the Governer of the state suffice?

AND

if the MLA has been arrested on the permission of the Governer of the state what are the defences available to the counsel?



Learning

 6 Replies

Dr J C Vashista (Advocate)     21 December 2015

What is your problem?

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     21 December 2015

UR query is fit to be answered by the Hon'ble Speaker or ther Hon'ble Minister of Legislative Affairs, but not the Governors or the Presidents.

1 Like

Prateem   21 December 2015

Thank you for your contribution Mr.Sainath! If you don't mind I have a further question as to what an UR query is?

Dr J C Vashista, I have acctually entered in a moot court competion and moot problem involves arrest of a MLA! I need to subit a memorial from both the sides of the case and I am a bit confused as to the procedure of arrest of an MLA.Hence I would like to know more about it!

SAINATH DEVALLA (LEGAL CONSULTANT)     23 December 2015

The arrest of an  MLA,if prima facie is found in a criminal case, by the IO, has to be intimated to the Speaker of the Assembly.

1 Like

K.S.Srinivas (Advisor (HR))     25 December 2015

.Guidelines on the Arrest of a Member of Parliament / Legislative Assembly
The Speaker of the House must be informed if an M.P/MLA/MLC is arrested on a criminal charge or detained under an executive order of a magistrate.[28]As soon as any arrest, detention, conviction is made, intimation should be sent to the concerned government and to the Speaker/ Chairperson of the Lok Sabha/ Rajya Sabha/Vidhan Parishad. This should be sent through telegrams and also by post. A detailed entry in this regard should be made in the police station diary.[29]
Any transfer from the place of custody should be notified to the Speaker/Chairperson of the house of which the arrested person is a member. The police should not arrest any member of legislature, nor should they serve any legal process, civil or criminal, within the precincts of the legislature without obtaining the permission of the Speaker/Chairperson.

Ziaur Rahman   17 May 2021

The reference is required in support of the reply 


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