ISLAMABAD: The National Assembly on Wednesday made amendments to the “Rules of Procedure and Conduct of Business in the National Assembly-2007”, making it mandatory for the committing judge, magistrate, or the executive authority to seek immediate approval of the Speaker, indicating the reasons for the arrest or detention when a Member National Assembly has to be arrested on a criminal charge.
Prior to that, the competent authority, under Rule 106, was barred from arresting a Member National Assembly from within the precincts of the Assembly without permission of the Speaker.
Furthermore, under Rule 103, the Speaker was to be given intimation by the Magistrate, etc. of arrest, detention of a Member National Assembly after his arrest on a criminal charge or for a criminal offence or when he was sentenced to imprisonment by a court of law or detained under an executive order. The competent authority was also bound to immediately intimate to the Speaker about the reasons for the arrest, detention or conviction, as the case may be, and the place of detention or imprisonment of the member.
The House amended Rule 103 titled: “Intimation to the Speaker by Magistrate, etc., of arrest, detention, etc., of a member” which stated, “When a member is arrested on a criminal charge or for a criminal offence or is sentenced to imprisonment by a court of law or is detained under an executive order, the committing judge, magistrate or executive authority, as the case may be, shall immediately intimate such fact to the Speaker indicating the reasons for the arrest, detention or conviction, as the case may be, as also the place of detention or imprisonment of the member in the appropriate form set out in the Fourth Schedule.”
The title of Rule 103 has also been amended from “Intimation to the Speaker by Magistrate, etc., of arrest, detention, etc., of a member” to “Approval of the Speaker before arrest, detention, etc., of a member”. The amended Rule 103 states: “When a member has to be arrested on a criminal charge or for a criminal offence or has to be detained under an executive order, the committing judge, magistrate or executive authority, as the case may be, shall immediately seek approval of the Speaker indicating the reasons for the arrest or detention, as the case may be, and after such arrest\, detention or when a member is sentenced to imprisonment by a court of law, the committing judge, magistrate or executive authority, as the case may be shall intimate the place of detention or imprisonment of the member in the appropriate for set out in the Fourth Schedule.” Furthermore, the House also amended Rule 106 of the “Rules of Procedure and Conduct of Business in the National Assembly-2007” to state that “No member shall be arrested within the precincts of the Assembly.”
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