Criminal Manual 51 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

(i) No summons or other legal process issued against a member of any House of Parliament or Legislature of any State shall be sent for service to the Presiding Officer of the House or Legislature concerned. NOTE.—It is not necessary for a Judge or a Magistrate issuing summons or other process requiring the attendance of a member of any House of Parliament or Legislature of any State in Court to request the Speaker or Presiding Officer of the House or Legislature of any State in Court to request the Speaker or Presiding Officer of the House to obtain leave of absence from the House for enabling the member to attend the Court.

(ii) No such summons or other process shall be served within the precincts of any House of Parliament or Legislature of any State without obtaining the permission of the Presiding Officer concerned. Note.—

(a) To enable the Presiding Officer to decide whether he should grant or refuse permission for the service of the process within the precincts of the House, the Court concerned when making such a request shall attach a letter of request to the process containing a concise statement setting out the grounds for the request and explaining why it is desired that process should be served within the precincts of the House and why the matter cannot wait till the House adjourns for the day.

(b) These provisions also apply to the service of a process on a person other than member of the Parliament or Legislature of a State irrespective of the fact whether the House is in Sessions or not.

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