MPPEB Scam: MP High court stays operation of FIR against Gov Ram Naresh Yadav

A division bench comprising Chief Justice A M Khanvilkar and Justice Rohit Arya said that prima facie they found force in the submissions made on behalf of the Governor and stayed the FIR until the pronouncement of the final judgment.

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A battery of lawyers, including Ram Jethmalani, had represented Yadav and argued that he enjoyed complete immunity under Article 361 from any criminal proceedings till he was in office. They also argued that his name was included in the FIR on the basis of a statement given by an accused who was in jail for months. After hearing arguments from all sides on April 13, the court had reserved its verdict for April 17.

While granting interim relief, the bench directed the probe agency not to take any coercive action against Yadav on the basis of the impugned FIR and placed on record the assurance given by the petitioner that he and his officials will extend complete cooperation in investigation of the offence.

“The investigating agency, however, must observe protocol in consonance with the high office of the Governor being head of the state while carrying out investigation against other named accused or persons likely to be named,” the bench said.

Meanwhile, Congress asked Yadav to resign on moral grounds. Congress spokesman K K Mishra said since the FIR still exists the probe agency will not dare to collect evidence because the Governor is still in office and he could tamper with it.