New Delhi
After the scuffle in Parliament, BJP has lodged a complaint against Leader of Opposition and Congress MP Rahul Gandhi at Sansad Marg police station in Delhi. BJP has also alleged attempt to murder. Along with this, a case has been registered under sections 109, 115 and 117 of the Indian Judicial Code. In fact, on Thursday morning, Congress was protesting in Parliament against Amit Shah’s remarks on Ambedkar. BJP MPs were also protesting, when Congress and BJP MPs came face to face and Pratap Sarangi and Mukesh Rajput got injured. BJP has accused Rahul Gandhi of pushing him.
After filing the complaint in Parliament, BJP MP Anurag Thakur said that we have filed a complaint against Rahul Gandhi in Delhi Police. This complaint has been lodged regarding physical attack and provocation by him. It has been explained in detail that the incident that happened today, where NDA MPs were peacefully exposing the false propaganda of Congress, at the same time Rahul Gandhi marched in that direction with the MPs of his alliance. When people of security forces say that this is the way to go to Parliament, the kind of attitude Rahul Gandhi had, he showed anger. This family has got into the habit of considering itself above the law.
BJP’s female MP also made serious allegations
At the same time, BJP’s Nagaland woman MP Phannon Konyak has alleged that Rahul Gandhi stood very close, which made her uncomfortable. We were protesting very peacefully. Meanwhile, Rahul Gandhi came and started shouting at me. It does not suit Rahul to shout at a woman MP like this. I am very sad and want protection.
Permission will have to be taken from higher authority for Rahul’s arrest.
Anil Singh says that the police will not register a case under serious sections in this matter. This will be a case of simple assault. There is a provision of jail up to 7 years in all these cases. However, in case of arresting Rahul Gandhi, permission is required from higher authority. If it is decided that this may disturb the peace and may lead to riots. In such a situation, the police can arrest Rahul.
If a case is registered, there can be a jail term of up to 7 years
According to Advocate Anil Singh Srinet, whatever case will be registered against Rahul, it will now be according to the Indian Justice Code (BNS). Earlier the case would have been registered under Section 151 of the Indian Penal Code. He will now be registered under 189(5) of BNS. That is, under this, if more than 5 people gather illegally at one place, then a case will be registered. 115(2) in case of simple injury and in case of serious injury 117(2) will apply. In both these cases, the punishment can be up to 7 years.
Demonstration against Shah, injury to another MP, this is a bailable offense
According to Advocate Alil Kumar Singh Srinet in the Supreme Court, whatever sections under which FIR will be registered against Rahul Gandhi in the case of pushing and shoving, will be bailable offences. Actually, Rahul Gandhi was protesting against Amit Shah regarding his statement. In such a situation, if any other MP gets hurt, it will not be a cognizable crime i.e. committed intentionally. In such crimes they can get bail immediately. If Amit Shah had suffered the same injury, it would have been believed that Rahul would have committed this crime deliberately. Then a case could have been registered against him under non-bailable sections.
If case is registered under simple sections then punishment up to 1 year
At the same time, a case will be registered under section 110 of BNS for threat or attempt to kill. There is a provision for a jail sentence of up to 3 years. Whatever is yours! Whereas, if a normal case is registered under Section 115(2) of BNS, there is a provision of punishment up to 1 year. However, this will also be bailable.
Members of Parliament have got these privileges, Rahul should also get them
Members of Parliament have these privileges. These include freedom of speech in Parliament. Immunity to a member from any proceedings in court for saying or voting in Parliament or any of its committees. No action can be taken in court against any person on the basis of any report, papers or proceedings published by the Parliament.
These are also privileges
No question can be raised by the courts regarding the validity of the proceedings of Parliament. Officers or MPs who exercise powers to maintain the proceedings of Parliament are beyond the jurisdiction of the court. If any true report related to the proceedings of Parliament is published in the newspapers, it is exempted from any judicial proceedings, unless it is proved that it has been done in bad faith. However, in any such case, video evidence is necessary.
