Tamil Nadu: Speaker Clarifies on MLA’s Arrest
Speaker clarifies that prior permission is required only for arrests within the Assembly’s jurisdiction.
Chennai: Dispelling the doubts raised over the propriety of the arrest of Vilathikulam MLA G V Markandeyan without informing the presiding officer of the State Assembly in advance, the Speaker J C D Prabakar said that there was no need to obtain his permission to arrest an MLA if it was done outside the Assembly’s jurisdictional area,
Responding to a reporter’s question if the police had sought his permission before taking the MLA into custody on Monday for making disparaging statements against Chief Minister C Joseph Vijay, the Speaker said that there was no rule requiring a consultation with the Speaker before arresting a MLA.
He said that the Assembly was informed about the arrest and that the information would be shared with the members of the House and others.
Explaining the formality as per the rules, Prabhakar said that according to House Rule 291, a member may not be arrested within the jurisdiction of the House without the permission of the Speaker.
According to Assembly Rule 292, no order of a civil or criminal court should be executed within the jurisdiction of the Assembly without the prior consent of the Speaker, he said.
The jurisdictional area comprises the Assembly Hall and its annexes, the chambers attached to it, the chambers of the ministers, the meeting rooms of the legislative committees in the Secretariat, the meeting rooms of the members in the Legislative Assembly premises and such places or buildings as may be designated by the Speaker from time to time.
There was no need to obtain prior permission to arrest a member of the Legislative Assembly in private places outside the boundaries of the Assembly building, he clarified.
