MP High Court serves notice on AG seeking opinion on immunity to governor
JABALPUR: Madhya Pradesh
High Court, through a notice served on Attorney General of India, sought his
opinion on immunity to governors under Section 361 of the Constitution while
hearing a petition filed by Madhya Pradesh governor Ram Naresh Yadav seeking to
quash FIR registered against him.
Court also issued
notices to Madhya Pradesh chief secretary and additional director general (ADG)
of state's special task force (STF) and sought explanation over FIR against
governor. They have been asked to submit their replies before March 25.
hearing, counsels for Yadav informed the court that he himself had come forward
and offered to appear for any interrogation by probe agency. Bench has asked
STF to ensure they don't use any strong-arm method while questioning him.
Yadav, who was camping
in Delhi last week returned to Bhopal after several failed attempts to meet
President Pranab Mukherjee. He later moved a writ petition in MP high court
last Thursday seeking to quash FIR registered against him on February 24 for his
alleged role in MPPEB scam.
sections of the Constitution, Yadav claimed he enjoys immunity from criminal
proceedings in any court during his term of office.
FIR against governor
was filed after one of the accused named him. Yadav, allegedly recommended
names of five candidates for recruitment as forest guards to top officials of
MPPEB, body that conducted examination.
Senior advocates Ram
Jethmalani, AM Trivedi, Mahendra Pateriya and Ashish Trivedi argued on behalf
of governor, while Ravish Agrawal, advocate general of MP and PK Kaurav,
additional advocate general were counsels for state government.
HC ruled “Considering
the nature of issues raised in this petition and which are touching upon
interpretation of Article 361 of the Constitution of India, besides issuing
notice to the respondents No 1 and 3, we additionally propose to issue notice
to the learned Attorney General of India. Notice be served on the Attorney
General by the Registry by e-mail/fax along with the soft copy of the paper