Delhi Chief Minister Arvind Kejriwal was arrested by the Enforcement Directorate (ED) on Thursday night in the alleged liquor scam case. Kejriwal is the first leader who has been arrested in any case while being the Chief Minister. All the people who held the post of CM before this have been arrested, they first resigned and then were arrested. Well, today in this article we will tell you which are those two special posts in India, on which no government institution or police can arrest the person holding them.
What are those two positions?
The two special posts we are talking about are the posts of Governor and President. That means, if you are the Governor of a state or the President of the country, then no case of any kind can be filed against you in any court during your tenure. Nor can any organization or police arrest you in any case. The biggest thing is that these legal rights have been given to the Governor of every state, whether he is the Governor of a Union Territory or a Common State.
Under which law has this right been given?
The President of the country and the Governors of the states have got this right under Article 361 of the Indian Constitution. Actually, in this article rules related to the security of the President and the Governor have been made. The same article states that no criminal proceedings shall be initiated or continued in any court against the President or the Governor of any State during his tenure. Apart from this, the Governor and the President cannot be arrested in any case (both criminal and civil) during their tenure. However, once he leaves his post, legal action can be taken against him.
The Prime Minister also has some leeway
In some cases, the Prime Minister and Union Ministers of the country are also exempted. In fact, under Section 135 of the Code of Civil Procedure, the Prime Minister, Union Ministers, members of the Lok Sabha and Rajya Sabha, the Chief Minister, members of the Legislative Assembly and the Legislative Council are exempted from arrest. However, this exemption is only in civil cases. That means, if there is a criminal case, they can also be arrested like any common man. Delhi Chief Minister Arvind Kejriwal has also been arrested on this basis, because the allegations against him come under criminal case.
However, under Section 135 of the same Code of Civil Procedure, there is also a rule that if you have to arrest or detain a member of Parliament or Assembly or Legislative Council, then you will have to first obtain approval from the Speaker or Chairman of the House. Apart from this, Section 135 of Civil Procedure also says that neither a member can be arrested nor detained 40 days before the session, during the session and 40 days thereafter.
Apart from this, no member can be arrested or detained even inside the premises of Parliament, Assembly and Legislative Council. This is because here the orders of the Speaker or Chairman prevail. In such a situation, if the Prime Minister is a member of the Parliament and the Chief Minister is a member of the Legislative Assembly or Legislative Council, then this rule applies to them also.
read this also: Arvind Kejriwal Arrested: Where does ED keep the accused after arresting him, is there a separate jail?
