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Sheila using post of governor as shield in graft case?

Posted in S. Asia

Published on July 11, 2014 with No Comments


Former Delhi chief minister Sheila Dikshit has sought quashing of the trial court order to lodge an FIR against her in a graft case, contending in the Delhi High Court that such proceedings cannot be continued against a Governor of a state.

Advocate Mehmood Pracha, appearing for Dikshit, said as per Article 361( 2) of the Constitution there is a bar on criminal proceedings against a Governor. 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 term of office”. A bench of 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.

The BJP leader had filed a complaint alleging that Dikshit’s administration, when she was the Delhi chief minister, misused public funds to the tune of  22.56 crore in an advertisement campaign ahead of the 2008 assembly polls and the trial court had ordered lodging of an FIR against her. Later, the Aam Aadmi Party government had said Dikshit will have to defend herself as she is no more the CM and the government lacked the ” locus standi” to fight for her. Then in February 2014, the Arvind Kejriwal- led government moved the high court seeking to take back the appeal filed by then Congress government headed by Dikshit. Dikshit had then moved the HC opposing the plea of the Kejriwal government and had also sought her impleadment in the matter.




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