APCrRPCO Section 17 : Intimation of Arrest of M.P.s and M.L.A.s

Act

Summary

Section 17 of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, mandates the notification of arrests, surrenders, and releases of Members of Parliament (M.P.s) and Members of the Legislative Assembly (M.L.A.s). Such notifications must be sent to the Presiding Officer of the respective House. Additionally, for M.P.s, the Home Ministry of the Government of India must be informed, while for State Legislature members, the Chief Secretary to the Government, G.A.D, is to be notified.

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Explanation using Example

Example 1: Arrest of a Member of Parliament (M.P.)

Introduction: Mr. Rao, a Member of Parliament, is arrested by the police in Andhra Pradesh on charges of corruption. The arrest takes place during a legislative session.

Application: According to the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, Chapter II, Rule 17, the arrest of an M.P. must be communicated to the Presiding Officer of the House and the Home Ministry, Government of India.

Outcome: The police promptly send notifications to both the Presiding Officer and the Home Ministry. Failure to do so could result in procedural complications, such as questioning the legality of the arrest or potential disciplinary actions against the officers involved.

Conclusion: Compliance ensures transparency and maintains the integrity of legislative processes, while non-compliance could lead to legal challenges and administrative penalties.

Example 2: Surrender of a Member of the State Legislature (M.L.A.)

Introduction: Ms. Devi, a Member of the Andhra Pradesh Legislative Assembly, decides to surrender to the authorities following allegations of electoral fraud.

Application: Rule 17 requires that her surrender be communicated to the Presiding Officer of the State Legislature and the Chief Secretary to the Government, G.A.D.

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