Governor can't be tried in criminal case: Sheila to HC

  • HT Correspondent, Hindustan Times, New Delhi
  • Updated: Jul 09, 2014 23:43 IST

Former Delhi chief minister Sheila Dikshit on Wednesday sought quashing of a trial court order directing registration of FIR against her in a graft case. Dikshit contended that such proceedings cannot be continued against a governor.

Former Delhi chief minister Dikshit is currently the governor of Kerala and as per Article 361 (2) of the Constitution “no criminal proceedings whatsoever shall be instituted or continued against the President, or the governor of a state, in any court during his/her term of office,” advocate Mohmad Pracha, appearing for Dikshit, told the Delhi High Court.

Justice Sunil Gaur, however, adjourned the matter to July 23 as the advocate for the complainant, BJP leader Vijender Gupta, was not present owing to some illness.

A special court here had on August 31 last year directed the Delhi Police to register FIR against Dikshit on the complaint of Gupta and a similar plea of RTI activist Vivek Garg alleging Dikshit of misusing government funds to the tune of `22.56 crore in an advertisement campaign ahead of the 2008 assembly polls.

The then Congress government had last year shielded Dikshit by moving an application at the HC seeking the quashing of the trial court order. The HC had then stayed the registration of FIR against Dikshit.

However the subsequent AAP government decided to withdraw all protection given to Dikshit and others in the graft case. On February 14, hours before Kejriwal’s resignation as Delhi CM, the AAP government revived the criminal case against her by reversing stand on registration of an FIR against her for alleged misuse of funds.

Thereafter, on February 26, the HC had stated that Dikshit will have to defend herself in the case. This was the second hearing of the case after Dikshit was sworn-in as governor of Kerala on March 11, 2014.

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