File Photo: Madhya Pradesh Governor Ram Naresh Yadav.
The Madhya Pradesh High Court today stayed an FIR against Governor Ram Naresh Yadav by the Special Task Force (STF) in connection with recruitment scam, asking the prosecuting agency not to take any "coercive action" against him.
In an interim order, a division bench of the MP High Court comprising Chief Justice AM Khanwilkar and Justice Rohit Arya stayed the FIR.
"Having considered submissions made by the respective parties, as prima facie, we find force in the submissions canvassed on behalf of the petitioner, until the pronouncement of the final judgment, we grant interim relief of stay of the FIR at Police Station, STF, Bhopal on February 24, 2015," the court directed.
"We direct the investigation (prosecuting) agency not to take any coercive action against the petitioner on the basis of the impugned FIR," the order said.
"At the same time, we place on record the assurance given by the petitioner through the counsel, that the petitioner and his officials will extend complete cooperation in the matter of investigation of the offence in question," it observed.
"However, the investigating agency must observe complete protocol in consonance with the high office of the Governor, being Head of the State while carrying on its investigation against other named accused or persons likely to be named," the court order said.
"The date of pronouncement of judgment will be notified in due course," the order added.
The FIR against Mr Yadav, which is possibly the first against any Governor of Madhya Pradesh, was filed on February 24 this year by the STF, alleging his complicity in the forest guard recruitment exam conducted by the Madhya Pradesh Professional Examination Board (MPPEB).
Mr Yadav had filed a petition in the High Court to quash the FIR against him filed by the STF probing the multi-layer MPPEB scam.
Mr Yadav's counsels Ram Jethmalani, Adarsh Muni Trivedi and Mahendra Pateria had contended in the court that criminal proceedings against the Governor were contrary to provisions of Article 361 (2) and (3) of the Constitution, which grant immunity to the President and Governors while in office.
However, the STF had argued that criminal proceedings are not launched with the registration of the case. Criminal proceedings are considered launched after a charge sheet is put up in court, it had further contended.
On the other hand, the Governor's counsels argued that criminal proceedings start with registration of an FIR.
On April 13, the High Court had reserved judgement on the Governor's plea after hearing the parties concerned in the case.
Mr Yadav had also said in his plea that the FIR registered by the STF appears to be "false and frivolous prima facie", since it is based on a statement given by an accused who has already been in jail for more than one-and-a-half years since July 18, 2013.