Derogatory remark row: Karnataka High Court grants interim protection to C T Ravi till January 30

Bengaluru: The Karnataka High Court on Thursday passed an interim order directing the police not to precipitate the matter in the crime against BJP legislator C T Ravi pertaining to the use of unparliamentary word against minister Lakshmi Hebbalkar. Ravi has challenged the FIR registered by the Bagewadi police for the offences under BNS sections 75 and 79, mainly on the ground that a legislator enjoys immunity from proceedings.

The incident had happened on December 19, 2024 at the Suvarna Soudha in Belagavi when Ravi, a Member of Legislative Council (MLC), had allegedly used an unparliamentary word against Lakshmi Hebbalkar.

Senior advocate CV Nagesh, appearing for CT Ravi, cited the judgement of the 7-judge bench of the Apex Court in Sita Soren vs Union of India and said that the issue of registration of a complaint about what transpires between the legislators in the legislature is privileged and legislators would have immunity from proceedings. He further said that before the registration of the crime, the issue was adjudicated by the chairman of the council and he had closed the proceedings.

Nagesh said that even the complainant minister had used abusive language against the petitioner and submitted that the chairman of the council while closing the proceedings said that Ravi claimed to have shouted that ‘the congress is frustrated’ and not uttered the word as alleged by the minister.

On the other hand, State Public Prosecutor BA Belliyappa, appearing for the police, argued that when Ravi uttered the abusive word, the house had adjourned a few minutes ago following the protest by the opposition members. He further said that in the Sita Soren case, the Apex Court had also held that all criminal acts that would happen inside the legislature by the act of certain legislators cannot be said to be enjoying immunity or privilege of the acts done within the legislature. According to the SPP, the police had secured the CCTV footage and sent it to the Forensic Science Laboratory (FSL) and the report is awaited. He further said that CT Ravi is refusing to provide his voice sample.

Justice Nagaprasanna observed that the court has to decide the issue of jurisdiction in the petition. “The issue in the lis now boils down to the issue of jurisdiction. Whether the speaker would take the issue and close the proceedings or a crime can be permitted to be registered and investigated into by any prosecuting agency. The issue needs an answer. Therefore, list the matter on January 30,2025 for further hearing. Till the next date respondents shall not precipitate the matter,” the court said.