# All the District Judges While assessing the work of all the Additional

- **Citation:** C.L.No.114/VIII-c-24-1-51
- **Court:** Allahabad High Court
- **Decided:** 1951-11-16
- **Case number:** C.L.No.114/VIII-c-24-1-51
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/all-the-district-judges-while-assessing-the-work-of-all-the-additional-163372
- **Pages:** 3

## Text

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following the legal norms. Hon'ble Court has given the following directions for
compliance:-
1-
All the District Judges While assessing the work of all the Additional
District Judges (Motor Accident Claims Tribunals), for recording their
annual confidential remarks, they should minutely scrutinize some of the
records of the Motor Accident Claims cases decided by them during the
relevant year related to death/injury to make sure that orders regarding the
deposit of part of the awarded compensation in nationalized banks for
certain length of time are passed for valid and sustainable reasons, and not
whimsically simply to harass the claims(s).
2-
All the District Judges Additional District Judges working as Motor
Accident Claims Tribunals Shall adhere to the settled legal norms while
awarding compensation. Further, award should be well reasoned, instead
of being non-speaking, sketchy or perfunctory.
3-
All the District Judges should also monitor this matter in the monthly
meetings of the Judicial Officers for strict compliance as mentioned at
serial no.1&2.
4-
All the District Judges are further directed to record the performance of
the officer with regard to decision of Motor Accident Claims related to
death/injury in Annual Confidential Remarks as amended in column no.
(e)(vii) (copy enclosed).
You are, therefore, requested to kindly instruct all the concerned Judicial Officers
under your administrative control to abide by the above directions of the Hon'ble Court
in right earnest.
7.
PRIVILEGES OF LEGISLATURES
(i)
Arrest, detention etc. of members
C.L.No.114/VIII-c-24-1-51,dated 16th November, 1951 read with
C.L. No.91/51 read with C.L. No. 70/VIII-e-24 dated 29th November, 1954 and
C.L. NO.103/VIII-e-24 dated 13th October, 1953,
C.L. No. 22 dated 19th March, 1960,
C.L.No.79/VIII-e-24 dated 14th August, 1961
C.L. No.8/VIII-e-24 dated 23rd January, 1965,
C.L.No.127/VIII-e-24 dated 6th December, 1969 and
C.L. No.104/VIII-e-24 dated 15th July, 1974
Immediately after the arrest on a criminal charge or imprisonment consequent
upon a sentence passed by a Court or in the case of detention under executive order or
transfer from one jail to another of a member of parliament, the House concerned is
entitled to be informed of the event. Such a communication regarding arrest,
imprisonment, detention or transfer of a member should be made by a letter addressed to
the Hon'ble the Speaker/the Chairman by the committing judge or Magistrate or other
executive authority and in the case of conviction, the offence and sentence should also be
communicated. It is also necessary, in case the judgment is reversed by a superior court
249
and the member concerned is consequently released, that further intimation is
immediately sent to the Hon'ble the Speaker/the Chairman by the same committing
judge, Magistrate or executive authority, and in the same manner, Non-compliance with
the requirement of the law of privilege results in a breach of the privilege of Parliament.

Besides the information that should be communicated to the Hon'ble the
Speaker/the Chairman by the authorities concerned after the arrest, imprisonment,
detention or transfer of a member, it is necessary that the form in which the
communication should be sent also observed very strictly. In case the form of the
communication from the authority concerned is not strictly complied with, the Hon'ble
the Speaker/the Chairman may hold that a breach of privilege has occurred
notwithstanding the fact that a communication has been sent to him. The specimens of
such communications addressed to the Hon'ble the Speaker/the Chairman are reproduced
below. The communications invariably disclosed the reasons and place of arrest,
detention or imprisonment and the sentence passed by the court.

In Civil case, the privilege of freedom from arrest extends during the continuance
of the session of Parliament and forty days before its commencement and after its
conclusion.

It is also pointed out that the privileges of the State Legislatures and their
members are also the same as those of members of the parliament. Similar action should
be taken mutatis mutandis in cases where a member of State legislature is arrested or
detained.

The extreme importance and necessity of strictly observing the above procedure
is impressed upon the authorities concerned.
FORM OF COMMUNICATION
(See Rules 229 and 230 OF RULES OF PROCEDURE AND CONDUCT OF
BUSINESS IN LOK SABHA)
Place ----------------
Date ----------------
To,

THE CHAIRMAN,

THE SPEAKER

COUNCIL OF STATES,

HOUSE OF THE PEOPLE,

NEW DELHI.

FORM ̳A'
DEAR MR SPEAKER,

I have the honour to inform you that I have found it my duty in the exercise of my
powers under section ------------- of the ---------- (Act), to direct that Sri -----------------
Member of the Council of States/House of the People be arrested/detained for -------------
(reasons for the arrest or detention as the case may be).
250

Sri ----------- M.P., was accordingly arrested/taken into custody at ------------
(time) on -------- (date) and is at present lodged in the -------------(Jail) ----------------------
(Place).

FORM ̳B'

I have the honour to inform you that Sri ----------- Member of the Council of
States/House of the People was tried at the --------Court, before me on a charge (or
charge of) --------- (reasons for the conviction).

On ----------- (date) after a trial lasting for -------- days, I found him guilty of ------
------ and sentenced him to imprisonment for --------(period).

His application for leave to appeal to ---------- (Name of the Court) is pending
consideration.

FORM ̳C'

I have the honour to inform you that Sri ------------- Member of the Council of
States/House of the People who was arrested/detained/convicted on ----------------- for ---
----------(reasons for arrest/detention/conviction) was released on ----------(date) on -------
---- (grounds for release).
Yours faithfully,
(Judge, Magistrate or Executive Authority).
Where intimation of arrest or detention is sent by telegram, it is necessary that
information on all the points mentioned in the appropriate forms should be given
succinctly but clearly. The Speaker and Members of Parliament always desire to know
whether an arrested member has been released on bail pending prosecution or trial. The
authority giving intimation of the arrest of a Member of Parliament should, therefore,
invariably furnish this information also.
C.L. No. 37/VIII-e-24, dated 30th May, 1963 and
G.Os. (1) B-955XXV/CX-55-B-55 dated 24th July, 1958,
(2) B-1679-XXV-CX-55-B-55 dated 13th October, 1958, and
(3) B-712-XXV/CX-A-55-B-55 dated 9th July, 1961

Drawing their attention to the G.Os. noted in the block, it is brought to the notice
of all the subordinate courts by way of general clarification that according to the
Government of India when a bail is cancelled and the person surrenders to custody, he is
arrested ―in the legal sense of the term‖ and, therefore, rules 229 and 230 of the Rules of
Procedure and Conduct of Business in Lok Sabha are attracted, in case the person is a
Member of Parliament. This view is supported by the Third Schedule to the Rules, as the
Form of Communication regarding arrest, etc. of a Member given in it refers to
―arrested/taken into custody‖.
C.L. No. 95/VIII-e-24, dated 15th November, 1958

Intimation of arrest, detention, conviction, release, etc. of a Member of
Parliament should be sent in two stages:
1.
By telegram giving in case of arrest, the information of -