Notwithstanding strong objections claiming immunity, the Supreme Court on Friday issued notice to Madhya Pradesh governor Ram Naresh Yadav on a writ petition seeking a direction to the Centre to remov
Notwithstanding strong objections claiming immunity, the Supreme Court on Friday issued notice to Madhya Pradesh governor Ram Naresh Yadav on a writ petition seeking a direction to the Centre to remove him from his post in view of the serious allegations levelled against him in the multi-crore Vyapam scam.
A three-judge bench of Chief Justice H.L. Dattu and Justices Shiva Kirti Singh and Amitav Roy also issued notice to the Centre on a writ petition filed by Dr Sanjay Shukla and four other advocates of the Madhya Pradesh HC. Appearing for the governor in a special leave petition against the high court order, senior counsel M.N. Krishnamani submitted that the governor will not file any reply to the notice.
He also objected to the notice being issued to the governor in the writ petition, contending that he was entitled to immunity under Article 361 of the Constitution. But the CJI said the respondents could raise their objections at the time of hearing and seek recall of the notice if they felt the issuance of the notice was bad. The bench granted three weeks for filing of responses and one week for rejoinders.
The petitioners contended that a governor’s immunity from criminal proceedings under Article 361 cannot be said to be absolute in terms of protection where cognisable offences are made out. They pointed out that no protection shall be granted to anyone, even if it is a governor who has committed the criminal act, and it is necessary that such act comes to light, for which investigation is necessary.
