‘Assembly must be informed if any MLA is being arrested’

MP | 19 Apr 2023 : Speaker of the West Bengal Legislative Assembly, Biman Banerjee, has expressed disappointment over what he alleged was an abnormal delay by the CBI in informing him about the arrest of the Trinamool Congress (TMC) MLA Jiban Krishna Saha and reportedly warned the central agency of legal action. Saha was arrested by the CBI on Monday after three days of interrogation. 

The Central probe agency also produced him in court on that very day of arrest. However, the allegation is that CBI informed the Speaker of the Assembly after 24 hours. It is learnt that the CBI eventually informed the Speaker on Tuesday through a letter. This irked the Speaker who sought to remind the central agency that there are procedures involved before arresting an MLA. 

Banerjee is learnt to have said that a State Assembly functions under a specific set of laws which were allegedly violated by the CBI in this case. He said that it is mandatory that the Assembly be informed before any MLA is arrested but it did not happen in Jiban Saha’s case. It is learnt that he reportedly said that the CBI cannot randomly appear in the residence of an MLA and arrest him/her. Banerjee is said to have sent a letter conveying his disappointment to the CBI. According to reports, earlier during the arrest of another TMC MLA Partha Chatterjee from his residence in 2022 by the Enforcement Directorate (ED) on money laundering charges, the Speaker had initially said that he was not informed by the Central probe agency. However, later he admitted to being informed. According to a legal expert, it is part of a procedure that the Speaker of an Assembly is informed after the arrest of the MLA. It was clarified that it is not the same as seeking permission for arrest. “Speaker’s permission is not needed for an arrest outside Assembly premises. If the arrest is being made within the Assembly building then it requires permission,” experts stated. 

https://www.millenniumpost.in/bengal/assembly-must-be-informed-if-any-mla-is-being-arrested-515780