Police Commissioner AV Ranganath stated that they had informed Lok Sabha Speaker Om Birla about Bandi Sanjay’s arrest, as it was mandatory for the police to notify the Speaker of Lok Sabha or the Chairman of Rajya Sabha about the arrest of MPs.
According to Article 105 of the Constitution, MPs have “certain privileges so that they can perform their parliamentary duties without let or hindrance.” One of the privileges is that a Member of Parliament may not be arrested in a civil case 40 days before the start of the session or committee meeting, and for 40 days afterwards. However, this privilege is already incorporated under Section 135A of the Civil Procedure Code, 1908.
However, when it comes to criminal cases, MPs “are not on a different footing than a common citizen”, he said.
The MP is not immune from being arrested in a criminal case during or after the session. There have been a number of rulings by Presiding Officers, he said, citing one from Dr Zakir Hussain (then Rajya Sabha Chairman) in 1966, which stated that ‘Members of Parliament do enjoy certain privileges so that they can perform their duties. One such privilege is freedom from arrest when the Parliament is in session. This privilege of freedom from arrest is limited only to civil cases and has not been allowed to interfere in the administration of criminal proceedings’.
Bandi conspired to defame Telangana govt
Karimnagar MP Bandi Sanjay Kumar and party activist Booram Prashanth attempted to defame the government by attempting to ‘leak’ the SSC Hindi paper. The entire episode took place at the behest of Sanjay. According to AV Ranganath, Booram Prashanth, a former journalist who is now working with NaMo of the BJP, deliberately circulated the paper on social media, primarily WhatsApp groups, with a malicious intent.
Ranganath told a press conference at his office on Wednesday that Sanjay and Prashaath had been communicating on WhatsApp and making WhatsApp calls frequently since Monday evening.
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“We made Bandi Sanjay as A1 and Prashant as A2 after a proper and scientific probe. We have arrested four accused including Sanjay and Prashanth, while five others are absconding. One of the accused, who is a juvenile, will be produced before the juvenile court,” he said.
The CP stated that Sanjay and Prashanth planned to defame the government when the Telugu question paper was released on Monday. There were WhatsApp chats between Sanjay and Prashanth alleging that IT Minister KT Rama Rao was responsible for the paper leak, he said, adding that these same chats appeared as news items in some newspapers the next day after Sanjay spoke at a press meet about the same message sent by Prashanth following the leak of the Hindi question paper.
‘We have all evidence’, Ranganath said, adding that they would move the court for police custody of Sanjay for further questioning in the case.
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