HC refuses to quash FIR against BJP MLC Ravi
Justice M Nagaprasanna rejected Ravi’s plea seeking quashing of FIR after holding that he was not entitled to any legislative immunity for comments that had nothing to do with his legislative duties
The Karnataka high court on Friday refused to quash the criminal case against Bharatiya Janata Party (BJP) MLC CT Ravi, who was booked by the Belgavi police last year for allegedly making an obscene remark against state women and child development minister Laxmi Hebbalkar on the floor of the legislative council.
Justice M Nagaprasanna rejected Ravi’s petition seeking quashing of the FIR after holding that the BJP leader was not entitled to any legislative immunity for comments that had nothing to do with his legislative duties.
Ravi had moved the court seeking quashing of the FIR against him since he is entitled to “blanket immunity” available to MLAs under Article 194(2) of the Constitution.
Senior counsel Prabhuling Navadgi, who appeared for Ravi, told the court that the alleged remarks made by the BJP leader cannot be investigated by police or any other external agency since the incident had occurred on the floor of the House and the speaker of the state legislative council had already taken cognisance of the issue.
The high court, however, rejected such defence in its order. His words clearly amounted to an offence under Sections 75 and 79 of the BNS that pertain to sexual harassment and outraging a woman’s modesty, respectively.
“The alleged words that the petitioner (Ravi) has uttered... undoubtedly forms the ingredient of both Sections 75 and 79 of the BNS. Whether such word spoken is immune from any action. The unequivocal and emphatic answer is, a NO,” the court said.
Saying that his remarks had no nexus to the transaction of business in the House, justice Nagaprasanna added, “No Nexus; No Privilege.”
The FIR against Ravi was registered on December 19 last year for his comments made against Hebbalkar on the floor of the legislative council when the House was adjourned following commotion over Union home minister Amit Shah’s remarks on BR Ambedkar.
Ravi allegedly used obscene words against Hebbalkar after the latter objected to his sloganeering.
The BJP leader was arrested soon after, following a complaint by Hebbalkar’s personal assistant. However, Ravi was released from custody after the high court questioned the need for such arrest and granted him interim bail just a day after his arrest.
