The governor's counsels, senior lawyer Adarsh Muni Trivedi and Mahendra Pateria had moved the petition yesterday on the ground that criminal proceedings were contrary to provisions of Article 361(2) and Article (3) of the Constitution which grants immunity to the President and governors while in office.
The FIR against Yadav, which is possibly the first against any governor of Madhya Pradesh, was filed by the STF recently, alleging his complicity in the forest guard recruitment exam conducted by the Madhya Pradesh Professional Examination Board (MPPEB).
He said that the FIR registered by STF appears to be false and frivolous prima facie, since it is based on the statement given by an accused who has already been in jail for more than one-and-a-half years since July 18, 2013.
He also pointed out that the Excel sheet containing his name, which was submitted by Congress General Secretary Digvijay Singh to the Special Investigative Team (SIT) mandated to keep a watch over the STF, could be "forged".
Soon after registration of FIR against Yadav, he has been under pressure to resign from his constitutional post. He had even sought an appointment with President Pranab Mukherjee during his recent visit to Delhi, which was declined, after which he quietly returned to the Madhya Pradesh state capital.
Besides the governor, the STF had also filed an FIR against his son Shailesh Yadav in the contractual teachers' recruitment scam and also arrested his former Officer On Special Duty Dhanraj Yadav in connection with the scam.
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