# Law and section under which arrest was made

- **Citation:** C.L. No. 156/VIII-c-24
- **Court:** Allahabad High Court
- **Decided:** 1957-01-16
- **Case number:** C.L. No. 156/VIII-c-24
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/law-and-section-under-which-arrest-was-made-163380
- **Pages:** 3

## Text

251
(a)
Place of arrest,
(b)
Law and section under which arrest was made,
(c)
Name and designation of the sender of the intimation,
(d)
Authority, which ordered the arrest.
(e)
Formal communication giving brief reasons for arrest, conviction or
detention to the Speaker/Chairman Lok Sabha/Rajya Sabha.
C.L. No. 156/VIII-c-24, dated 16th October, 1974

Information regarding arrest, detention, etc. of a Member of Parliament or State
legislature should be sent in typed letters so that it may be legible.
 C.L. No. 29/VIII-c-24, dated 9th June, 1967

As envisaged in G.O. no. 65(1)/1-66-CX, dated January 16, 1957, intimation
about the arrest, detention and release of Members of Parliament should be sent to the
Speaker, Lok Sabha in prescribed form. In this connection, attention is invited to rule 229
and 230 of Rule of Procedure and Conduct of Business in the Lok Sabha for scrupulous
compliance. A similar procedure is to be adopted in respect of Members of Rajya Sabha
and State Legislature. Information about the arrest, detention, release, etc. of members of
the Lok Sabha/Rajya Sabha, Members of State Legislature, should invariably be sent
either by telegram or wireless to Speaker/Chairman immediately followed by a formal
written communication in the prescribed form in terms of G.O. no. 65/1-66-CX, dated
November 18, 1966.
C.L. No. 41/Eight-E-24, dated 2nd March, 1977

The instruction contained in G.O. No. 65/1/66-CX-(2) dated 25th April, 1968, 4th
Oct., 1975, 16th July 1976 and 24th Dec., 1976 of confidential Section-2 regarding arrest,
detention and handcuffing of M.Ps./M.L.As. should be strictly complied with.
C.L. No. 85/VIII-E-24, dated 25th August, 1970

As Hindi is the language of the U.P. Legislative Assembly, information about
arrest and detention of members should be given in Hindi only.
 C.E. No. 99/VIII-e-24, dated 21st December, 1973
Information regarding arrest, detention and release of the Member of Parliament
should be communicated to the Chairman/Speaker in Hindi language.
(ii)
Arrest detention etc. of members within precincts of the house.
C.L. No. 64/VIII-e-24, dated 23rd July, 1959

The correct procedure regarding execution of warrants of arrest against
Members of Parliament and State legislature within the precincts of the House is as
follows:

Rule 232 of the Rules of Procedure and Conduct of Business in Lok Sabha
(Fifth Edition) provides that ―No arrest shall be made within the precincts of the House
without obtaining the permission of the Speaker‖. Rule 233 lays down that ―A legal
process, civil or criminal, shall not be served within the precincts of the House without
obtaining the permission of the Speaker‖.
252

The term ̳precincts of the House' has been defined as follows in rule 2 of the
Rules of Procedure of Lok Sabha (Fifth Edition) and Direction 124 of the Directions by
the Speaker (Second Edition):

―Rule 2(1) - In these rules, unless the context otherwise requires - ̳Precincts of
the House' means and includes the Chamber, the Lobbies, the Galleries and such other
places as the Speaker may from time to time specify.‖

―Direction 224 - The term ̳Precincts of the House/Parliament House' used in
the Rules of Procedure shall, except for the purposes of rule 374, include in addition to
places specified in rule 2, the following:
(i)
the Central Hall and its Lobbies;
(ii)
Members' Waiting Rooms;
(iii)
Committee Rooms;
(iv)
Parliament Library;
(v)
Members' Refreshment Rooms;
(vi)
Lok Sabha offices located in Parliament House and the hutments adjoining the
Parliament House;
(vii)
Corridors and passages connecting or leading to the various rooms referred to
in (i) to (vi) above; and
(viii) Parliament House Estate and approaches to the Parliament House."
To enable the Speaker/Chairman to decide whether he should grant or withhold
permission for arrest within the precincts of the House, it is necessary that in making a
request for such an arrest, the warrant should be accompanied by a brief and concise
statement containing a well reasoned request setting out the grounds therefore and
explaining why it is desired that the arrest be made within the precincts of the House and
why the matter cannot wait till the House adjourns for the day. In absence of such a
statement, it is often not possible for the Speaker/Chairman to come to a decision
whether permission should be granted or withheld.
Since provisions similar to the aforesaid rules 232 and 233 of the Rules of
Procedure and Conduct of Business in the Lok Sabha exist in rules 87 and 88 of the
Rules of Procedure and Conduct of Business of the Uttar Pradesh Legislative Assembly,
a similar procedure may be followed in respect of the members of the State Legislature
also. The term 'precincts of the House' as defined in rule 3 of the said Rules of the Uttar
Pradesh Legislative Assembly as also under the directions of the Speakers is as follows:
"Precincts of the House" means and includes the Chamber, the Lobbies, the
Galleries and approaches leading thereto and all other accommodation in possession of
the Speaker or the officers of the Assembly Secretariat in the Vidhan Bhawan and such
other places as the Speaker may from time to time specify.
DIRECTION
"The Precincts of the House" means clearly the Assembly Hall, Lobbies, the
rooms in occupation of the Legislature Secretariat, Speaker's room, Deputy Speaker's
room. Committee room, Library, Party rooms and approaches thereto.
253
"Precincts of the House" means and includes the Chamber, the Lobbies, the
Galleries, Reading room and Legislature Library and approaches leading thereto, and all
accommodation in possession of the Chairman or officers of the Council Secretariat in
the Vidhan Bhawan and such other places as the Chairman may from time to time
specify.
(iii)
Mode of addressing non-officials
C.E. No. 19/VIII-h-23 dated 27th March, 1962
Replies sent to non-officials including Members of Parliament and the State
Legislature as well as representatives of foreign countries in India should be in form of an
official letter or semi-official letterform, as the circumstances of the case may be. A
communication in the form of an office memorandum cannot as a rule be regarded as a
proper communication when addressee belongs to the categories of persons mentioned
above. Such communications besides, being polite, should be in proper style and form.
(iv)
Communication addressed to Speaker, etc., by a member under judicial
custody
C.L. No. 70/VIII-f-9 dated 12th November, 1963
All communications addressed by a member of Parliament/ State Legislature who
is in judicial custody to Speaker or Chairman of the House shall immediately be
forwarded by the Presiding Officer under whose orders he is under arrest or detention in
judicial custody, to Government in Judicial Department, so as to be dealt with, with
regard to his rights and privileges as a member of the House to which he belongs.
(v)
Interrogation of a Member of Parliament by the Police
C.L. No. 120/VIII-c-24 dated 30th November, 1969
When it is found from disclosure made by a Member of the Rajya Sabha that he
is in possession of a vital information in a criminal case which is under investigation the
matter should be referred by the concerned Superintendent of Police to the State
Government/Union Territory Administration and if he is also of the opinion that the
information in possession of a member is of such vital importance that his assistance
should be sought, a detailed report may be sent to the Ministry of Home Affairs
enclosing a list of points on which the information is sought from the member. The
matter will then be taken up by the Minister of Home Affairs with the Member
concerned through the Chairman of the Rajya Sabha. The information that might be
made available by the member will be* communicated to the State Government/Union
Territory Administration and the extent to which it might be used in the investigation of
case will also be indicated."
(vi)
Sending of timely information of arrest, detention, conviction and release of
the Members of Parliament and Members or Legislative Assembly to the
Parliament and Assembly.
C.L. No. 62/VIIIe-24, Admn.'G' dated July 22, 1994
I am directed to send herewith a copy of Government letter No. 76/1/93-c-x-2,
dated 30.3.1994 along with two proformas and to request you kindly to bring the contents