Only Speaker can clear action

Home Minister Sushil Kumar Shinde said it is up to the Speaker to take a call on this issue.

Although Lok Sabha Speaker Meira Kumar said the pandemonium in the House on Thursday had “shamed” the nation, criminal action against L Rajagopal may not be taken for now. In fact, action cannot be initiated against him without the Speaker’s nod.

“Under Article 105 of the Constitution, no penal action is possible against any MP for actions committed inside the House. The power to punish such MPs lies with the presiding officer. Unless the Speaker (Chairperson in the case of Rajya Sabha) gives permission, a criminal case can’t be registered,” said a former Lok Sabha Secretary General.

“Even if one or more than one MP complains to the police against the use of pepper spray, the police cannot do anything without the Speaker’s permission,” said another former Secretary General, Subhash Kashyap.

Meanwhile, the ruling dispensation was learnt to be considering the option of lodging a police complaint against Rajagopal. At a meeting with PM Manmohan Singh, several leaders were said to have demanded that an FIR should be lodged against Rajagopal. Home Minister Sushil Kumar Shinde said it is up to the Speaker to take a call on this issue. The Speaker was learnt to have left Delhi in the evening and was expected to return on Sunday.