Karnataka HC says BJP MLC C.T. Ravi arrest prima facie illegal, orders immediate release

High Court orders immediate release of BJP MLC C.T. Ravi due to police failure in following arrest procedure.

Observing that the police have prima facie failed to follow the procedure in arresting BJP MLC C.T. Ravi in the case of allegedly using abusive word against Minister Laxmi Hebbalkar inside the Legislative Council, the High Court of Karnataka on Friday evening directed the police to immediately release him from the custody.

However, the Court directed Mr. Ravi to make himself available as and when summoned by the investigation officer for the probe in the First Information Report (FIR) against him.

Justice M.G. Uma passed the interim order on the petition filed by Mr. Ravi, questioning the legality of his arrest.

Since the offences alleged against him attract imprisonment of less than seven years, the police were required to issue notice to him for appearing for the questioning before arresting him, the Court said while also pointing out that the police have not produced any material for having served him notice calling him for questioning.

Also, the Court said that the police have not produced any records for having served him with arrest memo containing reasons or grounds of arrest in terms of the procedure mandated by the apex court.

Even if the incident alleged is true, non following of the procedure by the police makes the arrest prima facie illegal, the Court said while pointing out that nothing prevented the police from following the procedure in acting against him after the registration of FIR.