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'Legislators Enjoy Blanket Protection For Words Spoken In The House': BJP's CT Ravi Accused Of Abusing Female Leader Tells Karnataka HC
Mustafa Plumber
30 Jan 2025 11:53 AM
Bharatiya Janata Party (BJP) legislator CT Ravi, booked for allegedly using derogatory words against Congress Legislator Laxmi Hebbalkar inside State Council at Belagavi, told the Karnataka High Court on Thursday that a 'blanket protection' from any kind of criminal prosecution is given to legislators on words spoken by them inside the legislative Council.The court was hearing Ravi's plea...
Bharatiya Janata Party (BJP) legislator CT Ravi, booked for allegedly using derogatory words against Congress Legislator Laxmi Hebbalkar inside State Council at Belagavi, told the Karnataka High Court on Thursday that a 'blanket protection' from any kind of criminal prosecution is given to legislators on words spoken by them inside the legislative Council.
The court was hearing Ravi's plea seeking quashing of the case. On January 23 Justice M Nagaprasanna had in an interim order asked the State not to precipitate till today (January 30) any action against him. After hearing the matter today the court issued notice to Hebbalkar.
Appearing for Ravi, Senior Advocate Prabhuling K Navadgi relied on Article 194 (2) of the Constitution of India and said “If somebody speaks something then the Speaker of the house can take extreme steps against the member, he can expel the member or reprimand him. My submission is that a blanket protection is given. According to me, even if something slanderous is spoken which otherwise is a criminal offence, if it is said within the house it will be the house which will take its cognizance and not the police.”
Further he submitted, “Sub clause (2) of Article 194, gives complete immunity to MLA's for anything said in legislature or any vote given in legislature. Registration of a case against me is based on something said by me in the legislature.”
He submitted that the question before the court is when a decision having been pronounced by the Chairman of the house can CID revisit the same incident.
To which the court orally said “The issue is can anything be spoken or done in the legislature which has no nexus to the issue that is discussed in legislature, can it also attract immunity?"
In reply, Navadgi said, “Article 194 (2) does not make a distinction that it should be in relation to the debate or proceedings; it simply gives immunity.”
He added “The word in the course of the proceedings in the Article is conspicuously absent. The object is to give blanket protection to a member of the house to any word said in the legislature. The immunity is to allow the member to speak fearlessly.”
Meanwhile Special Public Prosecutor Belliappa submitted that there are a plethora of Supreme Court cases on the issue raised and it has been considered. It is not an absolute immunity enjoyed by the legislators.
Following which the court issued notice to the complainant Laxmi Hebbalkar and said “We will have to interpret Article 194 (3) of the Constitution. It has wide ramifications, and we will not decide it at the drop of a hat.”
Accordingly it posted the matter for further hearing on February 20.
Ravi was arrested on December 19, under Section 75 and 79 of the BNS, after he moved the High Court questioning his arrest he was directed to be forthwith released on bail. Following which he has moved the court seeking to quash the offence.
Case title: SRI C T RAVI v/s STATE BY BAGEWADI P S AND OTHERS
Case No: CRL.P 791/2025