'Video Evidence Key': Can Rahul Gandhi Go To Jail For 'Pushing' BJP MP? Here's What Rules Say

Last Updated:December 19, 2024, 12:22 IST

As per the rule book, if there is no video evidence in the case, it will be Sarangi's word vs Rahul Gandhi's word and the matter could end with no proof.

Gandhi, however, said it was Sarangi who pushed him while he was trying to enter Parliament. (Image: PTI)

Chaos unfolded outside Parliament on Thursday after Bharatiya Janata Party (BJP) said it will file a police complaint against Leader of the Opposition Rahul Gandhi for pushing party MP Pratap Chandra Sarangi who reportedly sustained minor injuries. Gandhi, however, said it was Sarangi who pushed him while he was trying to enter Parliament.

However, when it comes to police complaint against an MP on the basis of what happened in Parliament premises, what do the rules say?

According to the rule book, the police can conduct a probe if the Lok Sabha Speaker permits. The LoP has no special rights in the said situation. As per the rules, BJP MP Sarangi can claim his privilege has been breached. However, if there is no video evidence in the case, it will be Sarangi’s word vs Rahul Gandhi’s word and the matter could end with no proof.

Former Lok Sabha General Secretary PDT Achary said, “The key here will be video evidence. In the absence of this, it could be the word of one MP vs another and difficult to prove."

Meanwhile, police sources have said, “It is important to ascertain if the accused (Rahul Gandhi) left his place of protest and walked up to the victims and injured them or the other way round. If both stayed at their respective places then motive can’t be attributed and will be treated as a ‘scuffle’."

What The Constitution Says

The Constitution of India specifies some of the privileges to Parliamentarians. These are:

1) Freedom of speech in Parliament

2) Immunity to a member from any proceedings in any court in respect of anything said or any vote given by them in Parliament or any committee thereof

3) Immunity to a person from proceedings in any court in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings

4) Courts are prohibited from inquiring into the validity of any proceedings in Parliament on the ground of an alleged irregularity of procedure

5) No officer or Member of Parliament empowered to regulate procedure or the conduct of business or to maintain order in Parliament can be subject to a court’s jurisdiction in respect of exercise by him of those powers.

6) No person can be liable to any civil or criminal proceedings in any court for publication in a newspaper of a substantially true report of any proceedings of either House of Parliament unless the publication is proved to have been made with malice. This immunity is also available for reports or matters broadcast by means of wireless.

Assault on members

As per the rule book, it is a breach of privilege and contempt of the House to obstruct or molest or assault a member during the execution of his duties, that is, while he is attending the House or when he is coming to, or going from, the House. The privilege, however, is not available when the member is not performing any parliamentary duty.

Essentially, the rule book on privilege says that if an MP is obstructed or assaulted while coming to work, it is a breach of privilege.

What Happened in Parliament

A showdown between the BJP and Congress over the Ambedkar issue in Parliament on Thursday led to BJP MP Sarangi sustaining minor injuries. Sarangi alleged that Congress’ Rahul Gandhi pushed an MP, who fell on him, resulting in his wounds. Sarangi was admitted to RML Hospital, and top ministers and political leaders, including Piyush Goyal and Prahlad Joshi, rushed to meet the lawmaker.

Following the incident, a BJP MP told Rahul Gandhi, “Have you no shame? Look what you’ve done. You’ve pushed him." To this, Rahul Gandhi said, “He pushed me." This prompted BJP leaders to say “gundagardi karte ho (You are being a bully)."

News politics 'Video Evidence Key': Can Rahul Gandhi Go To Jail For 'Pushing' BJP MP? Here's What Rules Say