MPs cannot be prosecuted: Rao

Former prime minister P V Narasimha Rao told the Delhi high court on Wednesday that the prosecution of a member of Parliament under the Prevention of Corruption Act, 1988, was in contravention of certain constitutional provisions.

Senior counsel R K Anand, appearing for Rao, said that under Section 105 (2) of the Constitution ''no member shall be liable for any court proceeding in respect of anything said or any vote given by him in Parliament''.

He said a member shall not be liable for prosecution even on the basis of newspaper reports or any published reports regarding his acts in Parliament.

''So there is a complete ban on the prosecution of a member of Parliament under Section 105(2),'' Anand said.

Rao's counsel submitted that under the Prevention of Corruption Act, if a vote in Parliament is considered to be bribe, the Act will be ultra vires of the constitutional provisions.

Section 105(2) is so strong that it prohibits even Parliament from enacting any legislation amending the section, Anand contended.

He was arguing Rao's petition against the order of special CBI Judge Ajit Bharihoke framing charges against him in the Jharkhand Mukti Morcha MPs bribery scandal.

Anand quoted the Supreme Court judgment in the case of Tej Kiran case, wherein it was ruled that the Prevention of Corruption Act does not apply in her case. For, MPs enjoy total immunity under Section 105 (2) of the Constitution.

UNI

EARLIER REPORT:
Prosecution in JMM bribery case illegal: Rao