The Congress party has expressed surprise over Madhya Pradesh High Court’s (MPHC) order of quashing FIR against Governor Ramnaresh Yadav under Article 361 of the Constitution. Madhya Pradesh Congress Committee chief spokesman KK Mishra in a statement on Tuesday said, “The MPHC order on Tuesday to quash FIR against Governor Yadav under Article 361 of the Constitution till he is holding constitutional office has amazed me because it is very clear in the same Article that only FIR could be lodged against person holding constitutional office, but the person in question could not be arrested and prosecuted.”
Mishra further said that still quashing of the FIR against the Governor by mentioning Article 362 (2) is a matter of research. The meaning of the MPHC order is thus clear that the STF could carry forward its investigations against the Governor after he steps down from the constitutional office. Hence, he is not clear of the charges leveled against him and could not be termed innocent, he added. He said that in these circumstances, it is the moral duty of the Governor to step down for maintaining the dignity of the constitutional office he is holding to pave way for the law agencies to smoothly carry out the investigation in the scam in which the Governor’s name has figured.
He said that the logbook of the Governor house has shown that many accused of the scam frequented the Raj Bhawan while the excel sheet seized from one of the main accused also have the name of the Governor in it. OSD of the Governor is still in jail in the same case, he added. He said that in these conditions, it is improper to not act against the Governor, this is also against the intents of law and Constitution.