In a major relief to Madhya Pradesh Governor Ramnaresh Yadav, the High Court on Tuesday quashed a First Information Report (FIR) filed against him by the Special Task Force (STF) allegedly implicating him with the infamous MP Professional Examination Board (MPPEB) scam.
A Division Bench of High Court comprising Chief justices AM Khanwilkar and Rohit Arya quashed the FIR against 88-year-old Yadav. The octogenarian had challenged the FIR against him arguing that no criminal proceedings could be initiated against him till he was in office.
In an interim order on April 17, a division bench comprising Chief Justice AM Khanvilkar and justice Alok Aradhe had stayed the operation of the FIR and reserved the final order for May 5. Accusing Yadav of recommending names of candidates for illegal recruitment as forest guards, the STF had filed an FIR against him in February.
The octogenarian had moved the court saying that he enjoyed constitutional immunity from prosecution till he was in office while also arguing that the FIR against him was based on hearsay evidence.
The Bench observed, “While dealing with the primary question of extent of immunity and privilege extended to the Head of a State, during his term of office, which answers the jurisdictional fact, we proceed to quash the impugned FIR against the petitioner (Governor) on that count alone, with liberty to police to proceed in accordance with law, after the petitioner ceases to be the Governor.”
For, the immunity and privilege is only during the term of office. At the same time the immunity and privilege extended to the Governor will not impair or whittle down the powers of the police to investigate the criminal case registered against other accused who cannot claim such privilege and in the process, record statement of the petitioner, if required, the judges further observed.
The divisional bench further ruled, “We say so because the immunity in Article 361 (2) or 361 (3) does not extend to recording of statement of the Head of a State by the police in connection with investigation of a crime, if it is so essential. The police, however, must take all salutary precautions and observe circumspection while recording statement of the petitioner in the course of investigation, so that the majesty of the office of the Governor of the State is not undermined in any manner.”