ISLAMABAD: The Senate Standing Committee on Parliamentary Affairs, on Monday, passed the Members of Parliament Privileges and Immunities Bill, 2022 aimed at facilitating the parliamentarians in exceptional circumstances to perform their constitutional duty without any hindrance and preventing the arrest of any member under any law pertaining to preventive detention.
The meeting was chaired by Senator Taj Haider to discuss the bill moved by Senator Mian Raza Rabbani.
In his remarks, Senator Rabbani said that members of parliaments are kept in custody to fulfil political agenda. He added that he had written a five-page letter to the Speaker and Chairman Senate regarding the detention of members of parliaments.
He further said that the Islamabad High Court (IHC) has also said that a member of Parliament cannot be arrested without the permission of the Speaker or the Senate Chairman.
The Speaker of the Assembly and the Chairman of the Senate wrote in a letter that this is not possible according to the current law and legislation will be required in this regard.
The Secretary of the Ministry of Parliamentary Affairs told the committee that the National Assembly has amended its rules in this regard and the Senate can also do so. He also proposed to name the bill as the Members of Parliament Immunities and Privileges Bill, 2022.
The committee passed the bill with necessary amendments presented by Senator Ali Zafar, Senator Waleed Iqbal, and Secretary Parliamentary Affairs.
In its clause 3, the bill states; “(1) No Member shall be detained under any law pertaining to preventive detention.”
(2) Nothing in sub-section (1) shall be construed as applying to any Member who is detained under any such law as is referred to in subsection (1). (a) At any time during the period commencing on the 15th day before the commencement of a Session and till the 15th day after the conclusion of the Session.
Clause 4 read that when an FIR is registered or reference is filed, against a member, the Chairman or Speaker, as the case may be, shall be informed and copy of the FIR or Reference, as the case may be, shall be provided within twenty-four hours of such registration or filing.
Clause 5 states when a member is required to be arrested or arrested on a criminal charge or for a criminal offence or is sentenced to be imprisonment by a Court or is detained under an executive order, the committing judge, magistrate or, as the case may be, executive authority, shall immediately intimate such fact to the Chairman or Speaker, as the case may be, indicating the reasons for the arrest, detention or imprisonment of the Member.
It further stated that when a member of Parliament is summoned by or required to appear before any commission, tribunal, authority, organization, agency or other, for any investigation or inquiry, as the case may be, the Chairman or Speaker, as the case may be, shall be informed of the same. The concerned authority shall intimate the brief facts/reasons.
Clause 6 states that when a member of Parliament after his arrest or detention is released on bail or otherwise or is acquitted of a criminal charge, such fact shall be intimated to the Chairman or Speaker, as the case may be, by the authority concerned. Clause states that the Chairman, Speaker or Chairman of a Committee shall summon a member of Parliament in custody on the charge of any offence or under any law related to preventive detention to attend a sitting or sittings of the Senate, Assembly or meeting of a Committee of which he is a Member.
On a production order signed by the secretary or by any other officer authorized by the Chairman, Speaker, as the case may be, in this behalf, addressed to the Federal Government or, as the case may be, the Provincial Government where the Member Parliament is held in custody, or to the Authority having or holding custody of the Member of Parliament, the Federal Government or the Provincial Government or such other Authority, shall cause the Member Parliament in custody to be produced before the Sergeant-at-Arms, who shall after the conclusion of sitting or the meeting, deliver the Member Parliament into the custody of the Federal Government or the Provincial Government or other Authority, as the case may be.
Clause 8 states that no member shall be detained or arrested one week before the commencement of a session in which he is required to; (a) A vote for election of the Prime Minister or the Chief Minister; or (b) A vote of confidence or a vote of no confidence; or (c) A money bill (Annual Budget).
In clause 9, the bill states no Member of Parliament shall be arrested within the precincts of Parliament without the permission of the Chairman or Speaker, as the case may be.
In clause 10, it states that a legal process issued by any court, tribunal or other authority shall not be served on a member within the precincts of Parliament.
The committee also discussed the issue of sacked employees of the ERRA [Earthquake Reconstruction and Rehabilitation Authority] and decided to write to the prime minister about the non-implementation of the panel’s recommendations by the authority.
Copyright Business Recorder, 2022
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