TMI Blog1970 (5) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... Sanjiva Reddy (former Speaker of the Lok Sabha), Shri Y. B. Chavan (Home Minister) and three members of Parliament on the floor of the Lok Sabha during a Calling Attention Motion the High Court held that no proceedings could be taken in a court of law in respect of what was said on the floor of Parliament in view of Art. 105(2) of the Constitution. The High Court, however, certified the case as fit for appeal to this Court under Art. 13 3 ( 1 ) (a) of the Constitution and this appeal has been brought. Notice of the lodgement of the appeal was issued to the respondents in due course but they have not appeared. The Union Government which joined, at its request, as a party in the High Court alone appeared through the Attorney General. We have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leges and immunities of Parliament and its Members, provides : 105 (1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament. (2) No Member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings. (3 )In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o read the provisions of the article in the way suggested. The article means what it says in language which could not be plainer. The article confers immunity inter alia in respect of 'anything said........ in Parliament . The word 'anything' is of the widest import and is equivalent to 'everything'. The only limitation arises from the words 'in Parliament' which means during the sitting of Parliament and in the course of the business of Parliament. We are concerned only with speeches in Lok Sabha. Once it was proved that Parliament was sitting and its business was being transacted, anything said during the course of that business was immune from proceedings in any court. This immunity is not only complete but is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appear before the Court. It is only an intimation of the fact of the lodgment of the appeal. It is for the party informed to choose whether to appear or not. Summonses issue to defendants, to witnesses and to persons against whom complaints are filed in a criminal court. If a summons issues to a defendant and he does not appear the court may take the action to be undefended and proceeding ex parte may even regard the claim of the plaintiff to be admitted. This consequence doe,. not flow from the notice of the lodgment of the appeal in this Court. The Court has to proceed with the appeal albeit ex parte against the absent respondent. If a summons is issued to a witness or to ,a person complained against under the law relating to crimes, and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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