Report No. 152
5.15. Member of Parliament.-
We may also like to take note of the fact that the question of arrest of Members of Parliament (and of Members of Legislatures of States) is of some importance. The current convention is that the police officer arresting such member on a criminal charge shall forthwith inform the presiding officer of the legislature through telegram and also by post. This practice should continue. In Joginder Singh's case,1 the Supreme Court emphasized the need to observe strictly the following norm:-
"Under rule 229 of the Rules for Procedure and Conduct of Business in Lok Sabha, when a Member is arrested on a criminal charge or is detained under an executive authority or order of the Magistrate, the executive authority must inform without delay such fact to the Speaker. As soon as any arrest, detention, conviction or release is effected, intimation should invariably be sent to the Government concerned concurrently with the intimation sent to the Speaker/Lok Sabha /Rajya Sabha. This should be sent through telegrams and also by post and the intimation should not be delayed on the ground of holiday."
1. Joginder Singh v. State of Punjab, JT (1994) 3 SC 423 (430, 431).