Does its earlier ruling on lawmakers' immunity need relook? SC to decide

Court To Take Up House Shield For Netas 24 Years After JMM Bribery Case Verdict

- AmitAnand Choudhary

New Delhi: The Supreme Court on Tuesday decided to examine whether lawmakers can claim complete immunity for their conduct inside Parliament or assemblies and be exempted from facing prosecution even in cases of taking bribes for voting in a particular manner or for raising questions in the House.

Nearly 24 years after a five-judge Constitution bench by a 3:2 majority held in the JMM bribery case that MPs cannot be prosecuted in a criminal court for allegedly taking bribes for voting in the House, a bench of same strength will now take a call on whether the 1998 verdict needs a relook and said that it would refer the case to a larger bench, if needed.

Interestingly, the instant case also emanated from allegations against a JMM leader who allegedly took a bribe for casting her vote as an MLA in the Rajya Sabha election in 2012. The then MLA Sita Soren, daughter-in-law of Shibu Soren, was allowed to be prosecuted by the Jharkhand high court and she thereafter moved the SC challenging the order.