Context:

• Three FIRs have been registered against Union Minister and Rajya Sabha member Narayan Rane.

Procedure of Arrest:

• If Parliament is not in session, a cabinet minister can be arrested by a law enforcement agency in case of a criminal case registered against him.
• As per Section 22 A of the Rules of Procedures and Conduct of Business of the Rajya Sabha, the Police, Judge or Magistrate would, however, have to intimate the Chairman of the Rajya Sabha about the reason for the arrest, the place of detention or imprisonment in an appropriate form.

Procedure to be followed by Chairman of Rajya Sabha:

• The Chairman is expected to inform the Council if it is sitting about the arrest.
• If the council is not sitting, he/she is expected to publish it in the bulletin for the information of the members.

Privilege of Rajya Sabha vis a vis arrest:

• As per the main privileges of Parliament, in civil cases, they have freedom from arrest during the continuance of the House and 40 days before its commencement and 40 days after its conclusion, as per section 135 of the Code of Civil Procedure.
• The privilege of freedom from arrest does not extend to criminal offences or cases of detention under preventive detention.

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