CM Arrest Provision: It is not easy to arrest a CM, says the law

CM Arrest Provision: It is not easy to arrest a CM, says the law

 New Delhi: Chief Minister Arvind Kejriwal, who is in charge of governing the national capital, is now embroiled in liquor corruption. Even after repeated summons by the ED or the prosecution, he has not appeared. Meanwhile, there is a lot of talk about his arrest. But the question arises whether a chief minister can be arrested by an investigative agency? What are the rules for arresting a Chief Minister? Can Kejriwal escape arrest?

It must be a strange feeling for a common man to hear the news of the chief minister's arrest. According to the Indian Penal Code, if there is concrete evidence or sensitive evidence against an accused person, the person concerned can be arrested. Arrest is of two types. One is civil arrest and the other is criminal arrest. But there are separate rules for the arrest of a Chief Minister. In special circumstances, a Chief Minister can be arrested. In certain special circumstances, the Chief Minister of a state can be arrested.

How is the arrest of the Chief Minister?

Civil procedure is mentioned in the Indian Penal Code. According to Article 135, any chief minister, assembly member or member of the legislative council can be arrested. This arrest can be done only in civil cases.

If a criminal case is filed against a Chief Minister or a member of the Legislative Assembly, it is difficult to get out of custody. But before arresting such a person, the permission of the assembly chairman is absolutely necessary. Only after this the Chief Minister can be arrested.

Under what circumstances will the Chief Minister be arrested?

Section 135 of the IPC provides that a member of the Legislative Assembly cannot be arrested 40 days before or after 40 days of the commencement of the session of the House. Even after the expiry of this period, the permission of the assembly chairman is necessary to arrest the concerned members. Accordingly, if the investigating agency can ascertain that the accused is likely to return, then in that case also the Chief Minister can be arrested.

How will the Chief Minister from arrest?

According to Article 61 of the Penal Code, the investigating agency cannot arrest a person holding a presidential position such as a president or a governor. This person cannot be arrested in both civil and criminal cases. According to Article 361, the President of India and the Governor of the State are not responsible to the Court for the performance of their duties.

The Chief Minister of this state was the first to be arrested

For the first time, the Chief Minister of Tamil Nadu was arrested.Tamil Nadu Chief Minister Jayalalithaa was accused of corruption in buying color television sets in villages. Later, he was arrested on December 7, 1996 on charges of embezzlement. For this he had to resign from his post. After that he was in jail for a month. The Criminal Code Act 1973 provides for the arrest of any person by the issuance of an arrest warrant from the Public Prosecutor's Office.