The apex court Bench stayed further action on the FIR registered against the former Minister, C.T. Ravi.
| Photo Credit: PTI

The Supreme Court on Monday decided to examine a special leave petition filed by BJP MLC, C.T. Ravi, challenging a Karnataka High Court finding that parliamentary privilege will not protect him from criminal proceedings for allegedly using an abusive expression against Minister Laxmi Hebbalkar on the floor of the House last year.

A Bench, headed by Justice M.M. Sundresh, issued notice to the State of Karnataka on the petition filed by Mr. Ravi, represented by senior advocate Manan Kumar Mishra and advocate Ram Sanker.

The apex court Bench stayed further action on the FIR registered against Mr. Ravi. The High Court, in its order on May 2, refused his plea to quash the criminal proceedings initiated under Sections 75 (sexual harassment) and 79 (insult to modesty of a woman) of the Bharatiya Nyaya Sanhita 2023.

The petition argued that a legislator, during the course of House proceedings, was granted “absolute protection”.

“This means that legislators enjoy immunity from any legal action including the registration of an FIR for words spoken or votes cast while performing their legislative duties within the Parliament or its committees. This privilege is designed to ensure that members can speak freely and fulfil their roles without fear of external intimidation, harassment or litigation,” the petition contended.

In its order, the High Court had reasoned that acts which erode the dignity of a woman or outraged her modesty cannot be protected under the parasol of legislator’s privilege.

The High Court had concluded that criminal acts conducted inside the House were not immune from prosecution.

“The alleged word spoken, if spoken, or gesture made, if made, against a woman, certainly outrages her modesty and it above all, can have no nexus to the functioning of the House or no relation to a transaction of the business of the House,” the High Court had observed.