Rao pleads parliamentary immunity in JMM case

Former prime minister P V Narasimha Rao on Monday pleaded before the Delhi high court that parliamentarians and legislators are not accountable before a court of law for their in-House actions.

The court was hearing arguments on the revision petitions filed by Rao and 15 others against Special Judge Ajit Bharihoke's order framing charges against them in the multi-million rupee JMM MPs bribery case.

Rao has also challenged the trial court's decision to grant pardon to co-accused Shailendra Mahto. Mahto had turned approver in the case.

His counsel R K Anand said several court orders in the past bore precedence to this. Quoting various Supreme Court and high court orders, Anand said the Constitution prevented courts from interfering in matters related to the proceedings taking place in Parliament and assemblies. This immunity was granted to ensure complete freedom of speech to the people's representatives in their respective Houses, he added.

Only committees constituted by Parliament or the assembly concerned was empowered to go into issues related to statement, vote or any other in-house matters, he argued. He pointed out the Supreme Court judgment in the Jagatguru Shankaracharya case, involving then Lok Sabha deputy speaker N Sanjeeva Reddy, as an example.

Anand said the court must ascertain whether sanction had been granted for prosecuting public servants for statements or acts during the course of Parliamentary proceedings.

Besides Rao, the other petitioners are former Union ministers Satish Sharma, Ram Lakhan Singh Yadav, Ajit Singh and Buta Singh, JMM leaders Suraj Mandal, Simon Marandi and Shibu Soren, Congress leaders Anadi Charan Das, M Veerappa Moily, Raja Abhya Pratap Singh and Ram Sharan Yadav. Thime Gowda, D K Audikeshavalu, V Rajeshvara Rao and Haji Ghulam Mohammed Khan are the others who have approached the court for quashing charges against them.

UNI