Vyapam scam: STF defends FIR against MP governor Yadav

Madhya Pradesh STF, probing the Vyapam scam, today told the High Court the registration of FIR against state Governor Ram Naresh Yadav was in accordance with law and that mere filing of it cannot be considered as initiation of criminal proceedings against him.
Yadav (88) had moved the high court earlier this month seeking quashing of the FIR citing constitutional immunity against criminal proceedings.
During the hearing today, the STF told the HC the FIR is not being considered as the institution of criminal proceedings because no charge sheet has been filed in court in this regard.
As per the FIR registered last month, Yadav allegedly recommended names of some of the candidates for recruitment to the post of Forest Guard in the examination conducted by the scam-tainted Madhya Pradesh Professional Examination Board (MPPEB). It said some of the candidates cracked the test fraudulently.

In his petition, Yadav had argued the criminal proceedings against him are contrary to the provisions of article 361(2) and (3) of constitution which grants immunity to President and Governors while in office.
However, the STF argued "the constitution does not restrict registration of FIR and prohibition of registration of FIR...Therefore registration of FIR is strictly in accordance with the law and the same does not violates any provision of law."

The STF told the court it proceeded with registration of FIR on the basis of certain directions given by Special Investigation Team (SIT), which is monitoring the probe into the scam, and therefore previous judgements of the Supreme Court on immunity to governors are not applicable as far as current facts and circumstances are concerned.

However, Adarsh Munni Trivedi and Mahendra Pateria, who represent Yadav, contended the FIR indeed amounts to institution of criminal proceedings under section 157 of Criminal Procedure Code (CrPC) as one of its copies has been submitted to the competent magistrate for trying the accused.
"Our contentions are that the institution of criminal proceedings against our client Yadav has already begun. A divisional bench of MP High Court comprising Chief Justice AM Khanwilkar and Justice Alok Aradhe had on March 9 sought the opinion of Attorney General, state government, among others over Yadav's plea (of quashing FIR)," Trivedi told PTI.
However, the opinion is yet to come, he added.

Following the arguments, the HC adjourned the hearing till tomorrow.