The Madhya Pradesh High Court on Monday issued a notice to the Attorney General of India, seeking his opinion on the immunity enjoyed by Governors under Article 361 of the Constitution. The court was hearing a plea by Governor Ram Naresh Yadav against whom an FIR has been filed in connection with the MPPEB scam.
The former Uttar Pradesh chief minister had moved the court last week challenging the FIR filed by the Special Task Force (STF) and argued that he enjoyed complete immunity from initiation of criminal proceedings till he was in office.
When the matter came up for hearing before a division bench comprising chief justice A M Khanvilkar and justice Alok Aradhe, the governor’s counsels told the court that he was ready to appear before the probe agency but the questioning should be done while maintaining the dignity of his office.
Ashish Trivedi, one of Yadav’s laywers, told The Indian Express that the bench orally instructed the STF not to use any coercive method while questioning him, or to arrest him, should such a questioning were to take place.
While posting the matter for further hearing on March 25, the court said the petition raises issues that touch upon the interpretation of Article 361.