SC halts trial against Karnataka MLC over controversial council speech
19-May-2025 05:06 PM 6254
New Delhi, May 19 (Reporter) In a development involving legislative privilege and freedom of speech within elected bodies, the Supreme Court on Monday stayed the trial proceedings against CT Ravi, member of the Karnataka legislative council, who is facing criminal charges over an allegedly derogatory speech made on the council floor in December 2024. A bench comprising Justice MM Sundresh and Justice Rajesh Bindal was hearing Ravi's appeal against a Karnataka High Court order that had declined to quash the FIR registered under the Bharatiya Nyaya Sanhita, 2023, for offences under Section 75 (sexual harassment) and Section 79 (outraging the modesty of a woman). The charges stem from a complaint lodged by Congress legislator Laxmi Hebbalkar, alleging Ravi used offensive language during a session of the legislative council held in Belagavi. While issuing notice in the case, the Supreme Court stayed the ongoing trial court proceedings, offering interim protection to the BJP leader. Ravi’s counsel argued that the alleged remarks were made in the course of legislative proceedings, and thus, he is entitled to constitutional immunity. The defense invoked Article 194 of the Constitution, which extends legislative privileges including freedom of speech to state legislators. They also cited, Article 105(1): Ensures freedom of speech in Parliament (also extended to state legislatures via Article 194). Article 105(2) / 194(2) provides immunity from court proceedings for anything said or votes cast in the House. Article 122(1) prevents courts from examining the validity of parliamentary procedures on procedural grounds. Section 135A of the CPC restricts arrest of members in civil cases during sessions and up to 40 days post-session. However, prior to this, the Karnataka high court rejected Ravi’s petition. Justice M. Nagaprasanna, in a strongly worded judgment, had held, “Alleged words spoken, if spoken, or gesture made, if made, against the woman complainant, certainly outrage her modesty. It cannot have any nexus to the functioning or transaction of the House no nexus, no privilege. Petition dismissed.” Ravi had been arrested on December 19, 2024, in connection with the incident. However, following his plea before the High Court, he was promptly granted bail. He subsequently approached the Supreme Court seeking the quashing of the proceedings. The matter will now be decided after a detailed hearing on the scope of legislative immunity and privileges vis-à-vis criminal charges for misconduct within the House. CT Ravi was represented by senior advocate Manan Kumar Mishra, along with advocate-on-record Dr. Ram Sankar...////...
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