Narayan Rane Arrest: Can a Union Minister be arrested? Know what privileges do Indian MPs have – Explained
Union Minister Narayan Rane was arrested over his remarks against Maharashtra Chief Minister Uddhav Thackeray. Jagran Josh explains if a Union Minister in India can be arrested, if yes then how? Know what privileges do Indian MPs have.
Narayan Rane Arrest: Union Minister of Micro, Small, and Medium Enterprises Narayan Rane was arrested on August 25, 2021, over his remarks against Maharashtra Chief Minister Uddhav Thackeray. Rane during his speech at Raigad had said that he would slap Thackeray over his ignorance of the year of India’s independence. Rane was arrested by the Ratnagiri police at Golwali in Ratnagiri district during his ‘Jan Ashirwad Yatra’ and held at Sangameshwar police station. Later, he was taken to Mahad in Raigad district to be produced before the court.
Three FIRs were lodged against the Union Minister and Rajya Sabha member Rane under IPC sections 189 (threat of injury to public servant), 504 (intentional insult to provoke breach of public peace), and 505 (statements conducive to public mischief).
The Mahad police insisted on 7-day custody of Rane, however, the Union Minister was granted bail by the court. Narayan Rane’s arrest sparked a political row with BJP supporters resorting to slogans shouting in support of Rane while Shiv Sena, BJP workers clashing during protests. BJP Chief Nadda termed the arrest of Union Minister Rane as a violation of constitutional values. Maharashtra BJP President Chandrakant Patil called the arrest of the Union Minister against protocol.
Jagran Josh explains if a Union Minister in India can be arrested, if yes then how? Know what privileges do Indian MPs have.
Can a Union Minister in India be arrested?
Yes, a Union Minister in India can be arrested in India.
A Union Minister is extended immunity from arrest only in cases of civil matters, however, he or she does not immunity from arrest in cases of criminal matters.
If the Parliament is not in session, a law enforcement agency can arrest a cabinet minister from anywhere in case of a criminal case registered him or her. For arresting from the premises of the Parliament, permission from the Chairman of Rajya Sabha or Speaker of the Lok Sabha is required.
How is a Union Minister in India arrested?
The Section 22A of the Rules of Procedures and Conduct of Business of the Rajya Sabha states that in case of an arrest of a cabinet minister, the Police, Judge, or Magistrate would have to inform the Chairman of the Rajya Sabha in prior about the reason for arresting, the place of detention or imprisonment in detail.
What is the role of the Chairman of the Rajya Sabha in case of arrest of a Union Minister?
The Chairman of the Rajya Sabha must inform the Council if the House is in session. In case the House is not in session, the Chairman will get the information published in a bulletin or gazette for the knowledge of the members of the House.
As per law, if an arrest is to be made at the premises of the Parliament, the Chairman’s approval is needed. In Rane’s case, there was no need to seek approval from the Chairman of the Rajya Sabha since the House was not in Session. The Session was concluded on August 19, 2021.
What privileges do Indian MPs have? Do they immunity from arrest?
Section 135 of the Code of Civil Procedure states that as per the main privileges of the Indian Parliament, the Member of Parliament (MPs) enjoy immunity from arrest during the continuance of the House and 40 days before the commencement of its session and 40 days after the conclusion of its session in relation to civil cases.
These privileges do not grant immunity from arrest in relation to criminal offenses of cases of detention under preventive detention.
Who is granted immunity from arrest in India?
The President of the Republic (India) and Governors of the States are the only governmental figures who are immune from civil and criminal proceedings and are offered protection from arrests through the Constitution until their term is over, as per Article 361 in The Constitution Of India 1949.
In India, the Prime Minister can also be arrested if a criminal case is filed against him or her.
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