TN assembly speaker clarifies rules for arrest of sitting MLA

Tamil Nadu Assembly Speaker J C D Prabhakar on Tuesday clarified that the Speaker’s office had no role in the arrest of DMK MLA Markandayan G V over his alleged remarks against chief minister C Joseph Vijay

Tamil Nadu Assembly Speaker J C D Prabhakar on Tuesday clarified that the Speaker’s office had no role in the arrest of DMK MLA Markandayan G V over his alleged remarks against chief minister C Joseph Vijay.

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At a party meeting on July 18, Markandayan, the Vilathikulam MLA, had claimed that he could not be arrested for making remarks against the chief minister because he was a sitting legislator and the Speaker’s approval was required before police could arrest him.

Responding to the claim, Prabhakar told reporters that the Assembly rules only restrict the service of court orders or notices within the Assembly precincts without the Speaker’s prior permission.

“An order or notice from a court must not be served within the precincts of the Assembly without the prior permission of the Speaker. That is what Rules 291 and 292 state,” he said.

“Now, under this rule, we must ask what ‘precincts’ actually means. I consider it as my duty to inform the honourable members, all lawmakers, and the general public. As far as a Member of the Legislative Assembly is concerned, the ‘precincts of the Assembly’ includes the Assembly Hall, its outer corridors, connected offices, cabinet room, library, canteen, committee meeting rooms located in the Secretariat, and committee meeting rooms, libraries,” the Speaker said.

He clarified that no prior approval from the Speaker was required to arrest an MLA outside the Assembly precincts.

“Whatever I have mentioned prior, that is what is clearly specified in those rules (Rule 291 and 292). On that basis, there is no rule stating that prior permission of the Speaker must be obtained to make an arrest for incidents taking place outside,” he said.

Prabhakar said the Thoothukudi district superintendent of police had informed him about the arrest and added that the information would be communicated to other MLAs as well.

Observing that Markandayan’s speech had caused “deep sorrow” and anger among the public, the Speaker said, “No person with a sense of justice will say this (the MLA’s speech) was right.”

“As far as the Speaker is concerned, if a written complaint is submitted to me, I will review it properly according to the House rules and definitely will take action,” he said in response to a question.

Earlier in the day, Prabhakar, the Thousand Lights MLA, announced that the first full budget session of the government would begin on August 5 at 10 am in the Assembly chamber at Fort St George.

Markandayan was arrested on Monday for allegedly making derogatory remarks against Vijay at a public meeting.

The arrest followed a complaint filed by P Kasiram, a functionary of the ruling Tamilaga Vettri Kazhagam (TVK), over a speech allegedly delivered by the opposition legislator at a public meeting in Thoothukudi on July 18. Police arrested the Vilathikulam MLA from his residence.

Markandayan is currently lodged in Palayamkottai Central Prison in Tirunelveli district.

Meanwhile, DMK MP Kanimozhi Karunanidhi met Markandayan in prison and enquired about his health.

Speaking to reporters later, Kanimozhi said Palayamkottai prison held historic significance for the DMK.

“That is the very place where our leader (Kalaignar M Karunanidhi) was jailed. It is the same prison where he was jailed in 1965 for anti-Hindi agitations,” she recalled.

She said DMK members considered imprisonment for political causes “a matter of pride.”

“Markandayan has accepted it proudly and is in prison. Not only that, no one in the DMK is afraid of such threats, cases or arrests. No matter how many false cases are filed, we, the leaders of the DMK are ready to face them,” she said.