19 May 2025, 09:56 AM
The Supreme Court today (May 19) stayed the trial proceedings against CT Ravi, Karnataka's Member of Legislative Council, who was facing criminal charges for his speech delivered on the floor of the Council last year.
The bench of Justice MM Sundresh and Justice Rajesh Bindal was hearing a challenge to the Karnataka High Court's order, which refused to quash a case registered against BJP Legislator CT Ravi, booked for allegedly using derogatory words against Congress Legislator Laxmi Hebbalkar inside the State Council at Belagavi.
Ravi is facing trial for offences under S. 75 (sexual harassment) and 79 ( outraging the modesty of a woman) of the BNS 2023.
Today, the bench, while issuing notice in the matter, stayed the proceedings before the trial court.
The main contention raised by the petitioner was that his statements were made during the course of parliamentary proceedings in the Legislative Council on December 19, 2024. Thus, he was protected under the immunity granted to members of Parliament during their conduct in the House.
The petitioners stressed that under S. 135A of the CPC, Members cannot be arrested in civils during parliamentary sessions and for up to 40 days even after the sessions.
Notably, the following provisions grant immunity to the legislators for their speeches given during the conduct of a legislative house :
(1) Article 105(1) of the Constitution states that 'there shall be freedom of speech in Parliament'. Art.105 deals with powers, privileges
(2) Article 105 (2) : grants immunity from legal proceedings for anything said or any vote cast in Parliament or its committees, and also protects individuals from court action for publishing authorised parliamentary reports or proceedings.
(3) Article 122(1): bars courts from inquiring into the validity of parliamentary proceedings on grounds of procedural irregularities.
(4) Article 194 provides state legislators freedom of speech and immunity for actions in the legislature, with the power to define privileges through laws.
Notably, before the High Court, Justice M Nagaprasanna while pronouncing the order said, "Alleged word spoken, if spoken or gesture made if made against the women, the complainant, certainly outrages her modesty and it above all cannot have any nexus to the functioning of the house or relation to the transaction of the house, no nexus no privilege, petition dismissed.”
Ravi was arrested on December 19, 2024, after he moved the High Court, questioning his arrest, he was directed to be forthwith released on bail. Following which,h he has moved the court seeking to quash the offence.
Counsels for the petitioner: Senior Adv. Manan Kumar Mishra; AOR Dr. Ram Sankar
Case Details : Shri CT Ravi v. State of Karnataka & Ors | SLP(Crl) 7859/2025