CT Ravi
Credit: DH File Photo
New Delhi: The Supreme Court on Monday issued notice to the Karnataka government on a plea by senior BJP leader C T Ravi challenging the High Court's May 2, 2025 order refusing to quash an FIR lodged against him for his remarks against Women and Child Development Minister Laxmi Hebbalkar on the floor of the legislative council.
A bench of Justices M M Sundresh and Rajesh Bindal also stayed any proceedings in connection with the FIR registered on December 19, 2024, for the comments made on the floor of the legislative council, after the House was adjourned following a commotion over union home minister Amit Shah’s remarks on B R Ambedkar.
The FIR was registered against the petitioner under Sections 75 and 79 of the Bharatiya Nyaya Sanhita 2023.
On his plea filed through advocate Dr Ram Shankar, the court sought a response from the state government after his counsel senior advocate Manan Kumar Mishra.
His plea stated that the initiation and continuation of the criminal investigation manifestly violated the constitutional safeguards afforded under Article 194(2), which provided absolute immunity to members of a State Legislature for "anything said or any vote given" by them in the Legislature or any committee thereof.
"The said immunity is an essential facet of the constitutional guarantee of legislative privilege, designed to ensure the independence and effectiveness of the legislative function," it said.
The High Court effectively nullified the constitutional protection conferred upon legislators, and permits unwarranted executive and judicial interference into matters that fall squarely within the exclusive domain of the Legislature, the plea stated.
"This approach undermines the basic structure of the Constitution, particularly the doctrine of separation of powers and the autonomy of legislative bodies," it contended.
In fact it pointed out, a complaint was made to the Speaker, who found no voice recording or
corroborative material. Instead, adhering to the internal discipline and procedure of the House, the matter was referred to the Ethics Committee, where it is currently pending inquiry, the plea said.
The Speaker has addressed a formal communication to the Home Secretary, requesting immediate cessation of police action in the matter. Yet, despite this intervention, the police continue to pursue the case, in disregard of legislative privilege and constitutional boundaries, the plea said.
"The High Court has failed to appreciate that the alleged conduct, even if taken at face value, forms part of the petitioner's
discharge of legislative duties and thus enjoys absolute privilege under Article 194. The impugned judgment disregards well-settled principles of constitutional law, including the doctrine of separation of powers, and permits an impermissible judicial encroachment into matters exclusively within the domain of the Legislature," it said.
The plea stated the Supreme Court in Sita Soren Vs Union of India, (2024) has categorically reaffirmed that legislative privileges, including the freedom of speech within the House, are not subject to judicial review.
The FIR seeks to criminalise conduct immunised by the Constitution, and the refusal of the High Court to quash the proceedings amounts to an error apparent on the face of the record, it contended.