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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

Rohit Mehra, a member of a State Legislative Assembly, is a judgment-debtor in a money decree passed by a civil court in Pune. The decree-holder seeks his arrest under civil process while the Assembly is in session and a committee of that Assembly is meeting. Under the Code of Civil Procedure, 1908, what is the position?

He cannot be arrested or detained under civil process while the Assembly or its committee is meeting. Section 135A of the Code protects members of State Legislative Assemblies as well as Parliament, and it applies to civil process, with no monetary threshold.

  1. AHe cannot be arrested or detained under civil process during the continuance of the Assembly meeting or committee meetingCorrect
  2. BHe can be arrested because the exemption applies only to Members of Parliament
  3. CHe can be arrested because the exemption covers only criminal process
  4. DHe can be arrested if the decree exceeds Rs 10 lakh

Explanation

Section 135A exempts a member of a State Legislative Assembly from arrest or detention in prison under civil process during the continuance of a meeting of the Assembly, and likewise of any committee of which he is a member. The exemption is not confined to Parliament, and it is not limited by the decree amount. The option limiting it to criminal process is wrong, since the section deals with civil process.

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