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

Senior advocator Prabhuling Navadgi, representing Ravi, cited Article 194(2) of the Constitution, which states, “No subordinate of the Legislature of a State shall beryllium liable to immoderate proceedings successful immoderate tribunal successful respect of thing said oregon immoderate ballot fixed by him successful the Legislature oregon immoderate committee thereof…..”.

Asked what the concern would beryllium successful lawsuit of a remark not connected to the proceedings successful the legislature, the counsel cited a Supreme Court precedent successful the lawsuit of Sita Soren v Union of India and Raja Ram Pal v Speaker. “194(2) simply gives protection….it does not accidental thing said successful the people of the proceedings. Therefore…the entity seems to beryllium to springiness broad extortion to a subordinate of the House for immoderate connection spoken by him successful the legislature,” the counsel added. The remedy for a code that crossed a enactment would beryllium for the Speaker of the House to instrumentality enactment specified arsenic a reprimand, expulsion etc.

Arguing against this, the opposing counsel stated that the lawsuit of Sita Soren had laid down that the code had to beryllium successful transportation with the transaction of parliamentary business. He further cited an lawsuit wherever furnishings successful the legislature was breached successful Kerala.

“The substance requires information arsenic the judgments galore connected some the sides are for and against their respective contentions… the complainant is yet to beryllium notified and whitethorn beryllium served by manus summons,” the seat said.

The substance was listed for further proceeding connected February 20.

The Bengaluru constabulary had registered a lawsuit against Ravi nether sections pertaining to intersexual harassment and outraging modesty aft Hebbalkar’s ailment connected December 12. He was aboriginal released connected bail. On January 23, the Karnataka High Court had issued an interim bid directing the constabulary not to “precipitate the matter” until it is decided whether legislators’ privileges supply them extortion from transgression proceedings implicit remarks made successful the legislature.