IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.451 of 2009 KAMESHWAR BAITHA, Son of Jaddu Baitha, resident of Village- Dhanchakbar, P.S. Bishrampur, District-Palamu …. Petitioner Versus 1. STATE OF BIHAR through its Chief Secretary, Bihar 2. District Magistrate, Sasaram, Rohtas 3. Superintendent of Police, Sasaram, Rohtas 4. Jail Superintendent, Sasaram, Rohtas ………….. ………. Respondents. ----------- 2. 04.06.2009 Petitioner, Kameshwar Baitha has been elected as Member of Parliament in the Lok Sabha Election, 2009 from the 13-Palamu (SC) Parliamentary Constituency. This application has been filed for commanding the concerned respondent-authorities to make arrangement for his presence in special session of the Parliament at New Delhi for taking oath in accordance with law pursuant to petitioner’s election as Member of Parliament. Mr. Roy Shivaji Nath, AAG-4 was directed to seek instruction on the point that what arrangement will be made by the I.G. (Prison) or the concerned police officials of Sasaram district for taking the petitioner to New Delhi for oath. AAG-4 has submitted that under the Jail Manuals or the Code of Criminal Procedure, no such special provision is there but in special circumstance, like the present case, the Supreme Court issued a direction in a case reported in 2000(9) S.C.C. 222 (Rajesh Ranjan Vs The state of Bihar & Ors.) The Supreme Court had directed the concerned authority to take Rajesh 2 Ranjan to Parliament Police Station, hand him over to the appropriate staff of the Lok Sabha Secretariat so that he may be taken to Lok Sabha or the designated officers for the purposes of taking oath. Further, it was directed that he may be allowed to attend the proceedings of the Parliament on particular day and after oath is taken and the proceeding of the Parliament is over, on that day again he should be handed over back to the authorities for taking him back to the place of his custody. Same direction is being issued in case of the present petitioner, namely, Kameshwar Baitha. The I.G. (Prison), Bihar, Patna, the District Magistrate, Sasaram and the Superintendent of Police, Sasaram are directed to make arrangement forthwith for taking the petitioner to New Delhi and as directed in the case of Rajesh Ranjan. The petitioner be taken to the Parliament police station, handed over to the staff of Lok Sabha Secretariat so that he will take oath and after that also he may be allowed to attend the proceedings of the Parliament on that day only. Thereafter, as directed in the case of Rajesh Ranjan , he may be handed over back to the authorities after oath and attending proceedings of the Parliament. The Secretariat of Parliament will hand over the petitioner after oath and proceedings of the parliament are over, to the authorities who shall take the petitioner back to jail custody. This application is, accordingly, disposed of. 3 However, it is made clear that the cost incurred for taking the petitioner to New Delhi and coming back, will be incurred by him only. The copy of the order be communicated through fax to the concerned authorities, i.e. I.G. (Prison), Bihar, Patna, the District Magistrate, Sasaram and the Superintendent of Police, Sasaram at the cost of the petitioner. akv/ ( Mridula Mishra, J )