Vyapam: MP Guv ignores SC notice, cites immunity

R Sedhuraman

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Legal Correspondent

New Delhi, August 23

Madhya Pradesh Governor Ram Naresh Yadav has chosen to ignore the Supreme Court notice in the Vyapam scam case, claiming immunity from judicial proceedings and prosecution.

A Bench headed by Chief Justice HL Dattu had issued notice to him on July 9, seeking his response to a PIL plea for reviving an FIR against him for his role in the illegal appointment of some forest guards through the MP Professional Examination Board, known as Vyapam.

A batch of PILs and related petitions by former MP Chief Minister and Congress leader Digvijaya Singh and others have been listed for further hearing tomorrow, but Yadav has not filed his reply to the court notice. Asked as to why Yadav had not filed any affidavit, his senior counsel MN Krishnamani said he had advised his client against taking cognisance of the SC notice as Governors enjoyed "total immunity" under Article 361(2) of the Constitution.

The Governor need not respond to court notices and this was clarified by the SC in the Union Carbide case pertaining to the Bhopal gas tragedy, Krishnamani said. The apex court had stated in that case that courts "cannot even" ask the Governor to file a reply even if there were allegations of mala fide against him, the senior advocate said.

"I have asked the Governor not to file any counter as it is not necessary to do so," Krishnamani told The Tribune.

On July 9, the SC had also ordered a CBI probe into the Vyapam scam and the mysterious death of several accused, witnesses and others involved in the case.