SC reserves verdict on reconsideration of granting immunity to lawmakers from prosecution
New Delhi (PTI): A seven-judge bench of the Supreme Court on Thursday reserved its verdict on reconsideration of its 1998 judgement which had held that MPs and MLAs enjoy immunity from prosecution for taking bribe to make a speech or vote in legislature.
The constitution bench headed by Chief Justice D Y Chandrachud reserved the verdict after hearing a battery of senior lawyers including Attorney General R Venkataramani and Solicitor General Tushar Mehta.
The larger bench is reconsidering the 1998 verdict delivered in the JMM bribery case by a five-judge bench by which the MPs and MLAs were granted immunity from prosecution for taking bribe to make a speech or vote in legislature. The apex court is revisiting the judgement 25 years after the JMM bribery scandal rocked the country.
Solicitor General Tushar Mehta, while arguing the matter, urged the court to not go into the immunity aspect under Article 105 of the Constitution.
"The offence of bribery is complete when a bribe is given and accepted by the lawmaker. It can be tackled under the Prevention of Corruption Act," the law officer said.
"Neither the majority nor minority (judgement of 1998) examined the issue from this perspective. The short question, on which present reference is based, is whether the offence of bribery is complete outside the House. If it is, this court does not need to go into the question of immunity," the law officer said.
On Wednesday, the court said it will examine whether the immunity granted to lawmakers from prosecution for taking bribes to make a speech or vote in Parliament and state legislatures extends to them even if criminality is attached to their actions.
Article 105(2) stipulates that no member of Parliament shall be liable to any proceedings in court in respect of anything said or any vote cast in Parliament or any committee thereof. A similar provision exists for MLAs under Article 194(2).
A five-judge constitution bench had in its majority verdict delivered in the PV Narasimha Rao versus CBI case had held in 1998 that parliamentarians have immunity against criminal prosecution for any speech made and vote cast inside the House under Article 105(2) and Article 194(2) of the Constitution.
The Rao government, which was in a minority, had survived a no-confidence vote with the help of the Jharkhand Mukti Morcha (JMM) Lok Sabha MPs who had accepted bribes to back his dispensation.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Unruly scenes witnessed in Punjab Assembly
Chandigarh (PTI): The Punjab Assembly on Friday witnessed high drama on Friday after Congress MLA Sukhpal Singh Khaira made an allegedly objectionable remark against Chief Minister Bhagwant Mann during an intense argument over the alleged use of mobile phone in the house by the legislator.
During the one-day special session of the Punjab Vidhan Sabha here, Mann accused Khaira of using a mobile phone when Speaker Kultar Singh Sandhwan was reading out an official resolution on the revision of wages.
After rising from his seat, the chief minister pointed to the speaker, claiming that Khaira is busy on his mobile phone and urged him to ask the Congress MLA what Sandhwan had said about the resolution.
The speaker then asked Khaira to maintain order in the house and listen to the resolution carefully.
Mann then asked Khaira, "Why don't you go out and then use it (mobile phone)," which led to a strong verbal altercation during which the opposition MLA hurled an accusation against the chief minister. Meanwhile, the speaker appealed for order and insisted that the chair be addressed.
However, both Mann and Khaira continued arguing and could be seen pointing fingers at each other as the proceedings of the house were disrupted.
The AAP MLAs also rose from their seats with Finance Minister Harpal Singh Cheema condemning Khaira for his conduct and demanded action against him.
Cheema further alleged that Khaira "always tries to disturb the house" as he spoke about his conduct in the assembly.
The incident occurred as an official resolution on the revision of wages was presented at the special session by Labour Minister Tarunpreet Singh Sond who said it paid homage to labourers on the International Workers' Day.
"Workers are the axis of construction of the nation, the community, the state and society. Every construction project succeeds only through their blood and sweat," the resolution read.
As per the resolution, "The base rate of minimum wages for the working class in Punjab was last revised in the year 2012. Although the dearness allowance has continued to increase since 2012, there has been no increase in the base rate of minimum wages.
On this sacred occasion of May Day, in this special session of the legislative assembly, this house proposes to revise and increase the minimum wages of labourers and strongly recommends to the government to take a decision regarding the increase of minimum wages for workers, so that the contributions of the workers can be acknowledged." PRK
