SOP Station House Management by Kerala Police

94 8. ARREST, SEARCH AND SEIZURE
effect the arrests or
accepts the surrender
should send information
to the Unit specified
in the warrant and arrange
to despatch the
deserter/absentee to the
Regimental Centre, under
the Police escort as
early as possible. They
will not however be detained
in Police lockups
or jails.
(c) An apprehension
certificate (IAFD –910)
in K.P.F. No. 107 will
invariably be sent with
the Police escort. Deserters/absentees
may
not be accepted by the
Regional centre without
the form duly completed.
The original
copy of the desertion
report (wherever possible)
will also be sent
with the Police escort.
It is important that the
Officer-in-charge of the
Police Station should
sign the apprehension
certificate as otherwise
it will not be admissible
in evidence at the trial
of the deserter absentee.
Note:- Escort will be
provided by the Police.
The expenditure
incurred by way of
T.A. of the escort party,
contingent charges in
respect of communications
sent to Military
units, feeding charges of
the deserter and cost of
Bus warrants and Railway
warrants used will
have to be reimbursed
by the Government of
India (Defence Department).
Detailed particulars
will be furnished
by the District Police
Office to the Chief Office
in the monthly statement
of expenditure to
effect the recovery
8. Arrest of Members of
Legislative Assembly,
Lok Sabha or Rajya
Sabha (Chapter-IX,
Rule-328, PSO)
328. Arrest/detention/release
of the Members of Legislative
Assembly, Lok
Sabha or Rajya Sabha
should be reported to
the Speaker of the Assembly
or Lok Sabha
or Chairman of Rajya
Sabha, as the case
may be, immediately
after the incident and
it should be followed
by a formal written
communication in the
form given in Appendix
III. Communication
should contain briefly
and clearly all the particulars
mentioned in
the appropriate form.
The communications
should be sent by the
concerned Superintendent
of Police to whom
an express report should
be made by the Officer
making the arrest.
When a Member who
is under detention or is
undergoing a sentence of
imprisonment, is transferred
from one jail to
another, the change in
the place of detention
or imprisonment should
also be intimated to the
Speaker/Chairman.
A copy of such intimation
sent to the Lok
Sabha/Rajya Sabha
shall invariably be
sent to the Ministry
of Home Affairs, Government
of India, New
Delhi. Procedure for
obtaining the permission
of the Speaker of
Lok Sabha/Chairman
Rajya Sabha Speaker
Legislative Assemblies
for the execution
of warrants of arrest
against the Members
of Parliament/Rajya
Sabha/Legislative Assembly,
within the
precincts of the House.
(Chapter-IX, Rule-329,
PSO)
329. (1) A legal process,
civil or criminal shall
not be served nor any
arrest shall be made,
within the precincts of
the House without obtaining
the permission
of the Speaker.
(2) Precincts of the
House means and includes
Chamber Lobbies,
the galleries, the
Central Hall and its
Lobbies, Members’
waiting rooms, Committee
rooms, Parliament
Library, Members Refreshment
rooms, Lok
Sabha offices located in
Parliament Houses and
the hutments adjoining
the Parliament House,
Corridors and passages
connecting or leading
to the various rooms
referred above and Parliament
House Estate
and approaches to the
Parliament House and
such other places as the
Speaker may from time
to time specify.
(3) To enable the
Speaker/Chairman to
decide whether he
should grant or with-