ISLAMABAD:The Senate on Monday unanimously passed the Members of Parliament Privileges and Immunities Bill, 2022 aimed at facilitating parliamentarians in peculiar circumstances to perform their constitutional duty without any hindrance and preventing the arrest of any member under any law pertaining to preventive detention.
The bill was moved by Senator Mian Raza Rabbani of the Pakistan Peoples Party.
According to the Statement of Objects and Reasons, In Pakistan’s chequered history, the arrest of Members of Parliaments under detention laws, and civil or criminal proceedings has been a common phenomenon. The purpose is to induce a change in party loyalties and or prevent members from the performance of their constitutional and parliamentary duties and functions, and or to prevent them from voting or forcefully abstaining in a crucial vote.
That, legislation in terms of, “the members of National Assembly (Exemption from Preventive Detention and Personal Appearance) Ordinance 1963, was promulgated. The said Ordinance melted like snow as it could not withstand the heat of our polity. Similar legislation exists in the subcontinent as well.
The purpose of the instant Bill is not of conferring a privilege on a member of parliament but to facilitate them in exceptional circumstances to perform their constitutional duty and obligation of performing their parliamentary functions without let or hindrance.
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 a 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 offense or is sentenced 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 ate 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, ag,ency 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 concern. The clause states that the Chairman, Speaker, or Chairman of a Committee shall summon a member of Parliament in custody on the charge of an offense 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, on 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) vote for the 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.