38.6c New Delhi, India, Monday, July 01, 2024
Judiciary

Supreme Court Refers 1998 Narasimha Rao Case on MP’s Immunity from Prosecution to 7-Judge Bench

By LawStreet News Network      21 September, 2023 03:15 PM      0 Comments
Supreme Court Refers 1998 Narasimha Rao Case on MP’s Immunity from Prosecution to 7-Judge Bench

NEW DELHI: The Supreme Court on Wednesday referred to a seven-judge bench to reconsider its 1998 judgement in the P V Narasimha Rao case, infamously known as 1993 JMM bribery case, granting immunity to MPs/MLAs from prosecution even if they accepted bribery and voted inside the House or asked a question in a particular manner.

A five-judge Constitution bench led by Chief Justice of India D Y Chandrachud said the object of the constitutional provisions clearly is not to set apart the members of the legislature as persons who wield higher privileges in terms of immunity from the general criminal law of the land, which citizens of the land do not possess.

Therefore, this judgement will be reviewed by a seven-judge bench, it said.

“It must be noted that purpose of Article 105(2) and Article 194 (2) of the Constitution is to ensure that the Members of the Parliament and state legislatures are able to discharge their duties in an atmosphere of freedom without fear of consequences which may follow, for the manner in which they speak or exercise their right to vote on the floor of the House,” the bench said.

The bench, also comprising Justices A S Bopanna, M M Sundresh, J B Pardiwala, and Manoj Misra, pointed out that the members of legislature must be free to express their views on the floor of the house without fear of consequences.

“Prima facie, at this stage, we are of view that correctness of the view of majority in P V Narasimha Rao should be considered by a larger bench of 7-judges,” the bench said.

The bench said that in the course of the judgement in Narsimha Rao, Justice S C Agarwal noted that if the construction in support of the immunity under Article 105(2) for a bribe taker were to be accepted, a member would be liable to be prosecuted on a charge for bribery if he accepts bribe for not speaking or not voting for a matter under consideration before the House. The top court said but he would enjoy immunity from prosecution for such a charge if he accepts a bribe for speaking or giving his vote in Parliament in a particular manner.

The bench said the judgement of Justice Agarwal states that the offence is complete with the acceptance of the money or agreement to accept money being concluded and is not dependent on performance of the illegal promise by the receiver. It further added that this aspect had not been dealt with in the judgement of the majority.

“For these reasons, we're of the view that the correctness of the view of the majority in Narasimha Rao shall be considered by a larger bench of seven-judge bench," the bench said.

Attorney General R Venkatramani for the Centre and senior advocate Raju Ramchandran, appearing for Sita Soren, contended facts of the present case do not require the court to go into correctness of the Narasimha Rao case.

On March 19, 2019, the Supreme Court ordered to set up a larger Constitution bench to decide if a lawmaker can take refuge under immunity clause to avoid criminal prosecution for voting in Parliament or Assembly after taking bribe from some beneficiary.

The court had said the matter was of "substantial public importance" and involved the "issue of wide ramifications".

In 1998, two judges on the five-judge bench had said that the protection under Article 105(2)/194(2) of the Constitution and the immunity granted cannot extend to cases where bribery for making a speech or vote in a particular manner in the House is alleged.

The majority view felt the wrongful act and the “sense of indignation” should not lead to a narrow construction of the constitutional provisions which may have the effect of impairing the guarantee to effective parliamentary participation and debate.

Over two decades after, a similar question arose before the top court as  Sita Soren, JMM chief Sibu Soren's daughter-in-law, questioned her prosecution on charges of bribery during the Rajya Sabha elections of 2012.

She challenged validity of Jharkhand High Court's judgement of February 17, 2014, allowing her prosecution and declining to quash the order on taking cognisance of the bribery charge.

In her case, the high court noted, according to allegations, Soren did take money from one R K Agarwal but did not cast her vote in his favour, so she cannot claim any immunity.

Her act in Assembly of casting vote "will have no nexus with the alleged conspiracy and agreement under which she had received money", the high court said.



Tags:

Supreme Court of India Senior Advocate Raju Ramchandran Attorney General R VenkatramaniJustice S C AgarwalJustice Manoj Misra
Warning: Attempt to read property "slug" on bool in /home/lawstreet/public_html/post-details.php on line 121

Warning: Attempt to read property "name" on bool in /home/lawstreet/public_html/post-details.php on line 121
Justice M M SundreshJustice A S BopannaJharkhand Mukti Morcha1998 Narasimha Rao CaseD Y Chandrachud

Share this article:

User Avatar
About:


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

TRENDING NEWS


Warning: foreach() argument must be of type array|object, bool given in /home/lawstreet/public_html/trending-top-stories-sidebar.php on line 8

TOP STORIES

delhi-hc-to-pronounce-order-on-ed-plea-seeking-stay-on-kejriwals-bail-today
Trending Judiciary
Delhi HC to pronounce order on ED plea seeking stay on Kejriwal’s bail today

Delhi HC to pronounce order on ED’s plea to stay CM Arvind Kejriwal’s bail today, following arguments on procedural irregularities in money laundering case.

25 June, 2024 10:33 AM
non-participants-in-tender-process-cannot-challenge-award-delhi-hc
Trending Judiciary
Non Participants in Tender Process Cannot Challenge Award: Delhi HC [Read Judgement]

Delhi High Court rules non-participants in tender processes lack standing to challenge awards, dismissing Primatel Fibcom Ltd’s petition against IOCL’s tender.

25 June, 2024 12:19 PM
kerala-legislative-assembly-passes-resolution-to-rename-state-to-keralam
Trending Executive
Kerala Legislative Assembly Passes Resolution to Rename State to ‘Keralam’

Kerala Legislative Assembly passes resolution to rename the state ‘Keralam,’ seeking a Constitutional amendment for official recognition of the Malayalam name.

25 June, 2024 01:28 PM
sc-rejects-ex-delhi-ministers-plea-to-consider-his-bail-plea
Trending Judiciary
SC rejects ex Delhi Minister's plea to consider his bail plea

SC rejects ex-Delhi Minister Satyendar Kumar Jain’s bail plea, urging Delhi HC to decide on July 9 without delays. Jain’s request to tag plea denied.

25 June, 2024 03:41 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email