Sexual harassment case: BJP MLC C T Ravi argues for immunity before Karnataka HC

Senior advocate Prabhuling Navadgi, representing Ravi, cited Article 194(2) of the Constitution, which states, “No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof…..”.

Asked what the situation would be in case of a remark not connected to the proceedings in the legislature, the counsel cited a Supreme Court precedent in the case of Sita Soren v Union of India and Raja Ram Pal v Speaker. “194(2) simply gives protection….it does not say anything said in the course of the proceedings. Therefore…the object seems to be to give blanket protection to a member of the House for any word spoken by him in the legislature,” the counsel added. The remedy for a speech that crossed a line would be for the Speaker of the House to take action such as a reprimand, expulsion etc.

Arguing against this, the opposing counsel stated that the case of Sita Soren had laid down that the speech had to be in connection with the transaction of parliamentary business. He further cited an instance where furniture in the legislature was broken in Kerala.

“The matter requires consideration as the judgments galore on both the sides are for and against their respective contentions… the complainant is yet to be notified and may be served by hand summons,” the bench said.

The matter was listed for further hearing on February 20.

The Bengaluru police had registered a case against Ravi under sections pertaining to sexual harassment and outraging modesty after Hebbalkar’s complaint on December 12. He was later released on bail. On January 23, the Karnataka High Court had issued an interim order directing the police not to “precipitate the matter” until it is decided whether legislators’ privileges provide them protection from criminal proceedings over remarks made in the legislature.