New Delhi: Against the backdrop of jailed
Suresh Kalmadi seeking its permission to attend Lok Sabha, the
Delhi High Court on Monday said it will examine whether an MP
arrested in a criminal case is entitled to attend the House.
A bench of Chief Justice Dipak Misra and Justice Sanjiv
Khanna decided to examine the issue while slating for hearing
tomorrow the petition of Kalmadi, Congress Lok Sabha member
from Pune and sacked Commonwealth Games Organising Committee
chief, for permission to attend Parliament.
Kalmadi has moved the division bench of the high court,
challenging the order of its single-judge bench of Justice
Rajiv Sahai Endlaw, who had rejected his plea for such
permission, saying it as a "an attempt to get fresh air
outside the prison".
The bench asked senior counsel Ashok Desai, representing
Kalmadi, to make his submissions on "whether an MP is entitled
to attend Parliament session when a criminal case is pending
against him and he is also denied bail by the trial court."
The bench also made it clear to Desai that it would not
go into Kalmadi`s past attendance records etc inside
Desai submitted to the bench that it is the
constitutional duty of a parliamentarian to attend the House
and this duty is also linked to some privileges conferred on
them under Article 105 of the Constitution.