Rao pleads parliamentary immunity in JMM case
Former prime minister P V Narasimha Rao
on Monday pleaded before the Delhi high court that parliamentarians and legislators
are not accountable before a court of law for their in-House actions.
The court was hearing arguments on the revision petitions filed
by Rao and 15 others against Special Judge Ajit Bharihoke's
order framing charges against them in the multi-million rupee JMM MPs
bribery case.
Rao has also challenged the trial court's
decision to grant pardon to co-accused Shailendra Mahto. Mahto had
turned approver in the case.
His counsel R K Anand said several
court orders in the past bore precedence to this. Quoting various Supreme Court and high court orders, Anand said the Constitution prevented
courts from interfering in matters related to the proceedings
taking place in Parliament and assemblies. This immunity was
granted to ensure complete freedom of speech to the
people's representatives in their respective Houses, he added.
Only committees constituted by Parliament or the assembly concerned was
empowered to go into issues related to statement, vote or
any other in-house matters, he argued. He pointed out the Supreme Court judgment in the Jagatguru
Shankaracharya case, involving then Lok Sabha deputy speaker N Sanjeeva Reddy, as an example.
Anand said the
court must ascertain whether sanction had been granted for
prosecuting public servants for statements or acts
during the course of Parliamentary proceedings.
Besides Rao, the other petitioners are former Union
ministers Satish Sharma, Ram Lakhan Singh
Yadav, Ajit Singh and Buta Singh, JMM leaders Suraj Mandal, Simon
Marandi and Shibu Soren, Congress leaders Anadi Charan Das, M Veerappa Moily, Raja
Abhya Pratap Singh and Ram Sharan Yadav.
Thime Gowda, D K Audikeshavalu, V Rajeshvara Rao and
Haji Ghulam Mohammed Khan are the others who have approached the
court for quashing charges against them.
UNI
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