The topic is being covered as recently three FIRs have been registered against the Rajya Sabha member and the union minister, Narayan Rane. Also, the Maharashtra Police sent a team to arrest him. The FIRs have been registered in regard to a speech made by him at Raigad speaking against the chief minister of the state, Uddhav Thackarey.
The Police of Maharashtra was there to arrest him due to this while the BJP President Chandrakant Patil found it against the protocol to arrest the Minister of Micro, Small and Medium enterprises like this. He also questioned how the Police could issue a warrant against him suo motu.
In this article, know the complete process of arresting a cabinet minister in India.
Process of arresting a Cabinet Minister:
In case the Parliament is not in session: Any cabinet minister can be arrested by a law enforcement agency if any criminal case is registered against him/her. Section 22 of the Rules of Procedures and Conduct of Business of the Rajya Sabha are followed in this case and the police or the judge or even the magistrate would have to inform the chairman of the Rajya Sabha regarding the reason for the arrest. The Chairman must also be informed about the place of detention and imprisonment in a proper format.
What does the Chairman of the Rajya Sabha do?
The chairman in case the Council is sitting, must inform them about the arrest and the reason provided to him/her. It is also expected to be published in the bulletin for the information of other members.
When is the arrest not possible?
It is in the privileges of the Parliament, in civil cases specially that they cannot be arrested during the continuance of the house. This is also the process in case of 40 days before or after the commencement of the House proceedings. This is mentioned in section 135 of the Code of Civil Procedure. The privilege of freedom however does not extend to criminal offences or in cases where detention under preventive detention is a must.
It must also be noted that there can be no arrest from the precincts of the House without taking permission beforehand from the speaker or Chairman of the Rajya Sabha. Also this must all be done in accordance with the process laid down by the Home Ministry in such cases. It does not matter whether the House is in session or not in such cases. It just cant be done in the precincts of the House without the Speaker's permission.
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