Video 32-Evidence in Court regarding Parliamentary records-

Evidence in Court regarding Parliamentary records- Custody of records, documents and papers belonging to the House or any of its Committees or the Secretariat vests in the Secretary-General. No such records, documents or papers are permitted to be taken out of Parliament House without the permission of the Speaker. (Rule 383). If the request for documents relating to proceedings of the House or of any Committee thereof is made by investigating agencies like the police, the Central Bureau of Investigation, etc., they shall specify the documents required, the purpose for which they are required and the date by which they are required. Procedure for dealing with requests for documents relating to proceedings of the House or any Committee of the House. If the request has been made by a court or by the parties to the proceedings before a court and the House is not in session, the Speaker may in emergent cases allow the production of the relevant documents in court in order to prevent delays in administration of justice and inform the House accordingly of the fact when it meets. If such a request, however, appears to the Speaker to involve any question of privilege, especially the privilege of the House, any Committee of the House, any member or a witness or, in case the production of the document appears to him to be a subject for the discretion of the House itself, he may, notwithstanding the fact that House is not in session, decline to grant the required permission and refer the matter to the Committee of Privileges for examination and report. If such a request has been made when the House is in session, the request may be referred by the Speaker to the Committee of Privileges. If the request requires appearance of a member or officer of the House in court, with or without documents for deposition, in relation to proceedings of the House or any Committee of the House, the Speaker may refer the matter to the Committee of Privileges, whether the House is in session or not. -If the request has been made by investigating agencies like the police, the Central Bureau of Investigation, etc., the Speaker may permit them to take photocopies or photographs of the required documents without parting with the original documents. -Documents in the custody of the Secretary-General, other than those relating to the proceedings of the House or any Committee of the House, shall mean and include those relating to general information pertaining to the sittings of the House, the number of the days a member attended ,TA/DA drawn by a member, specimen signatures/handwriting of a member; documents submitted by a member; information submitted by a member regarding his assets and liabilities; the names and addresses of PAs etc. employed by a member; and so on. -The question whether a document relates to the proceedings of the House or any Committee of the House shall be decided by the Speaker and his decision shall be final. Documents relating to the proceedings of the House or any Committee of the House which are public documents should be taken judicial notice of and requests for certified copies thereof may not be ordinarily made unless there are sufficient reasons for making such requests. Procedure after the Report of the Committee of Privileges has been presented or laid on the Table of the House. After the Report of the Committee of Privileges has been presented to or laid on the Table of the House, the Chairman or any member of the Committee may move a motion in the House to the effect that the House agrees with the Report and further action will be taken in accordance with the decision of the House. -Since a member of Parliament is not liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any Committee thereof, it follows that a member is not amenable to the courts of law for anything said in debate, however criminal in its nature. Thus, the Orissa High Court held that “no law court can take action against a member of the Legislature for any speech made by him there”. -It has also been held that the disclosures made in the House either by speeches or questions cannot be made the subject matter of a prosecution under the Official Secrets Act