BJP MLA CT Ravi argues that the FIR should be dismissed because, as an MLA, he is entitled to “blanket immunity” under Article 194(2) of the Indian Constitution, which protects lawmakers’ actions within the legislative assembly.
Karnataka: BJP MLC CT Ravi has approached the Karnataka High Court seeking the quashing of an FIR filed against him by the Belgavi police last month.
The case came into light after an alleged obscene remark he made about Women and Child Development Minister Laxmi Hebbalkar in the Legislative Council.
Ravi argues that the FIR should be dismissed because, as an MLA, he is entitled to “blanket immunity” under Article 194(2) of the Indian Constitution, which protects lawmakers’ actions within the legislative assembly.
Senior Advocate Prabhuling Navadgi, representing Ravi, told the court that the police or any external agency cannot investigate the matter, as the alleged comments were made inside the legislature.
He explained, “The primary contention raised here is that the criminal case comes in conflict with the privilege and specific bar under Article 194(2). Sub-clause 2 (of Article 194) gives complete immunity to a member of the house. The registration of case against me is based on something said by me in the legislature. The Chairman of Council already took cognisance and has given a ruling.”
The Karnataka State government, however, opposed this claim, arguing that the immunity granted under Article 194 is not absolute. The State pointed to past judgments by the Supreme Court which have clarified that such immunity is not unlimited.
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In response, Justice M Nagaprasanna, who was hearing the case, noted that the Court would need to explore whether Ravi’s remarks were connected to his role as a lawmaker, saying, “The Court will have to examine the issue in detail to examine whether the remarks by Ravi on the floor of the house had any a ‘nexus’ with his duties as a lawmaker.”
The Court further discussed whether the immunity under Article 194 could be considered absolute, especially in cases involving criminal offenses. Justice Nagaprasanna emphasized that the court would assess whether the alleged comment falls within the scope of legislative immunity or if there was a reason to allow the case to proceed.
The court has scheduled a further hearing of the matter for February 20, where it will also notify Hebbalkar, the complainant in the case, for her input.
On December 19, Ravi was arrested by the Belgavi police, but the Karnataka High Court intervened, questioning the necessity of the arrest. The court granted Ravi interim bail the day after his arrest, stating that it needed further examination before proceeding with the case.
