Karnataka High Court dismisses petition by BJP MLC C. T. Ravi against FIR filed by Minister Laxmi Hebbalkar for alleged derogatory remarks

On January 23, the court had directed the Criminal Investigation Department (CID) not to precipitate till January 30 the investigation in the criminal case registered based on the complaint by Ms. Hebbalkar, but the State Public Prosecutor requested the court to allow the magistrate to consider the CID’s plea for taking voice sample for continuing the probe. 

The High Court of Karnataka refused to quash criminal proceedings against C.T. Ravi, BJP MLC, on the allegation of making derogatory remarks against Minister Laxmi Hebbalkar in the Legislative Council in Belagavi in December 2024.

“The alleged word spoken, if spoken, or the alleged gesture made, if made, against woman, the complainant, certainly outrageous her modesty; and above all, can have no nexus to the functioning of the Legislative Council, or no relation to the transaction of business of the House,” the court observed on May 2.

Justice M. Nagaprasanna delivered the verdict while dismissing the petition filed by Mr. Ravi. The criminal proceeding was initiated based on the First Information Report (( FIR) registered against Mr. Ravi on the complaint lodged by Ms. Hebbalkar.  The FIR was registered for an offence punishable under Sections 75 and 79 of the BNS both of which deal, with intent to assault or outrage the modesty of a woman. 

The court on January 23 had directed the Criminal Investigation Department (CID) not to precipitate till January 30 the investigation in the criminal case registered based on Ms. Hebbalkar’s complaint but the State Public Prosecutor later requested the court to allow the magistrate to consider the CID’s plea for taking voice sample for continuing the probe. 

However, the court on January 30 had said that the CID cannot frustrate the proceedings on the petition as the issue raised in the petition required to be adjudicated by the High Court as there are several judgments in favour and against Mr. Ravi’s contention that a legislator has immunity from criminal prosecution for the words uttered inside the Houses of the legislature. The Court on February 24 had reserved the verdict after completion of arguments on behalf of Mr. Ravi and the CID.

It was argued on behalf of .Mr. Ravi that the speech of a legislator uttered inside the Houses of the legislature is protected under the privileges of the legislators under Article 194 of the Constitution of India while citing certain judgments of the apex court.

However, the CID had contended that there was no absolute immunity from certain acts of the legislator though they occur inside the Houses, citing an incident of vandalism in which furniture inside the Kerala Legislative Assembly were damaged on which the apex court had said that the privileges and immunities of legislators cannot be extended to acts of vandalism.