Constituent Assembly Of India Debates (Proceedings)- Volume VI (27th January 1948)

Information Type: Legislative Information
Lok Sabha Debate Type: Constituent Assembly Debate
Lok Sabha Date: 1948-01-27
Case Note / Description :

Shri H. V. Kamath: Mr. President, before you proceed with the Business of the Day, permit me to bring to your notice the arrest of an Honourable Member of this House, I mean Shri V. D. Tripathi of the United Provinces during Netaji Jayanti celebrations on Friday last. In this connection may I ask if the United Provinces Government have addressed you any communication giving the circumstances leading to his arrest and the reasons for his detention which has prevented him from attending this Session ? In my humble judgment, Sir, this constitutes a breach of privileges of the Members of this House.  Pandit Ballkrishna Sharma (United Provinces: General): On this point I would like to say one thing. I do not know how far the Honourable Member is in order in raising this point in this House. Full details have not been placed before the House. The House must be in fun possession of all the facts before it is expected to pass any judgment in the matter. The arrest of Mr. V. D. Tripathi was due to the fact that he constituted himself as a member of an unlawful organization. Moreover, Mr. Tripathi violated an order under section 144 of the Criminal Procedure Code in force in the city of Cawnpore for various reasons. I do not see how any Honourable Member of this House is entitled to violate, the law of the land and if he does so, he must be prepared to suffer the consequence.  Mr. President : I do not think the question of arrest I arises here. We are sitting as the Constituent Assembly for the purpose of dealing with the amendments to rules which are going to be moved. If a Member has been arrested, the matter has to be dealt with in the proper place. We cannot go into that. 

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