BENGALURU: In a significant development, the Karnataka High Court has dismissed BJP MLC C T Ravi’s petition challenging the criminal case registered against him by Women and Child Development Minister Laxmi Hebbalkar, ruling that the alleged derogatory remarks made in the Legislative Council had no connection to the functioning of the House.
“The alleged word spoken, if spoken, or alleged gesture made, if made against the woman, the complainant, certainly outrageous her modesty, and it, above all, can have no nexus to the functioning of the house or no relation to the transaction of the business of the house. No nexus, no privilege, petition dismissed,” said Justice M Nagaprasanna while pronouncing the order.
Hebbalkar had filed a complaint on 19 December, 2024, at the Bagewadi police station in Belagavi district. The case was subsequently handed over to the Criminal Investigation Department (CID) by the state government for further investigation.
Ravi’s counsel argued that prior to the complaint being registered, the Speaker had already taken up the matter and closed the proceedings. Citing the Supreme Court’s judgment in Sita Soren vs Union of India, the counsel contended that statements made by legislators within the House are protected under privilege and cannot be subjected to criminal proceedings.
“Whether the house was sitting or otherwise, the words spoken inside a Legislature by the Legislators cannot become subject matter of crime as is done in the case at hand,” the counsel argued.
However, the State Public Prosecutor opposed the plea, stating, “All criminal acts that would happen inside the Legislature by the act of certain Legislators cannot be said to be enjoying immunity or privilege of the acts done within the Legislature. If any crime emerges inside the Legislature, it would undoubtedly have to be investigated into.”
Before reserving the verdict, the court had observed that the central issue was one of jurisdiction, whether the Speaker’s closure of the matter was final or if a criminal complaint could be filed and investigated by a prosecuting agency.
The court has now answered the question, ruling that such acts, if criminal in nature, cannot be shielded under legislative privilege.