There is “no reason” to suspend Nicola Sturgeon from the Scottish National Party despite her arrest, First Minister Humza Yousaf said on Monday.
Former First Minister Ms Sturgeon was on Sunday questioned for seven hours by detectives investigating SNP finances and funding.
She has insisted she is “innocent of any wrongdoing”.
Mr Yousaf said he would not be suspending his predecessor from the party and would treat her the same as former treasurer Colin Beattie, and former chief executive - Ms Sturgeon‘s husband - Peter Murrell, who were also arrested and released without charge in relation to the ongoing probe.
“I will do what I believe is right to the values of natural justice,” he told the BBC.
“Nicola Sturgeon, like Colin Beattie, like Peter Murrell, was released without charge.
“Therefore, I see no reason for their membership to be suspended.”
But SNP MP Ash Regan on Monday called for Ms Sturgeon to consider giving up her party membership while she is under investigation.
“It’s a matter for Nicola Sturgeon,” Ms Regan told Sky News. “But I think that she should consider whether it might be appropriate considering what has been going on for her to resign her party membership voluntarily, just temporarily until this situation is resolved.”
Ms Regan also suggested Ms Sturgeon had broken the party’s conduct rules.
“The SNP code of conduct, it does say that members should refrain from conduct that’s likely to cause damage or hinder the party’s aims,” she said.
“I think that the leadership and Humza need to really think about taking decisive action at the moment.”
Western Isles SNP MP Angus MacNeil described the situation as a “soap opera” that “has gone far enough”.
“Nicola Sturgeon suspended others from the SNP for an awful lot less,” he said.
“Time for political distance until the investigation ends either way.”
For the last two years Police Scotland has been investigating what happened to £660,000 of donations given to the SNP for a future independence referendum campaign.
Mr Murrell was arrested in April when the couple’s home was raided by detectives. Mr Beattie was also questioned by police. Both men were released without charge pending further investigation.
Scottish Labour’s deputy leader Jackie Baillie described Ms Sturgeon’s arrest as “shocking”.
She told BBC Radio 4’s Today programme: “The question in my mind is, given all this chaos, given the kind of secrecy and cover-up that has been the hallmark of how the SNP operate, is whether Humza Yousaf, the current First Minister, is indeed strong enough to suspend her and protect the party.
“I’ve no doubt in my mind, he absolutely needs to do that.”
Ms Sturgeon was released without charge on Sunday pending further investigation.
In a statement she said: “Innocence is not just a presumption I am entitled to in law. I know beyond doubt that I am in fact innocent of any wrongdoing.”
