Governors Can't be Tried in Criminal Cases: Dikshit to HC
NEW DELHI: Former Delhi Chief Minister Sheila Dikshit on Wednesday sought the 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 could not be continued against a Governor.
Advocate M Pracha, appearing for Dikshit, said as per Article 361(2) of the Constitution there was a bar on criminal proceedings against Governors.
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.
Gupta had filed a complaint alleging that Dikshit’s administration 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 that an FIR be lodged against her.
Thereafter, the then Delhi government had moved the High Court against the trial court order which was stayed.
A special judge had on August 31, last year, ordered the registration of an FIR against Dikshit and others for offences including criminal breach of trust (section 409 IPC), criminal misappropriation of public funds and criminal misconduct under provisions of the Prevention of Corruption Act.
The order had come on separate complaints filed by Gupta and RTI activist Vivek Garg against her.
Both of them had in their complaints alleged that Dikshit misused government funds in an advertisement campaign ahead of the 2008 Assembly polls.
DON’T KNOW ABOUT TRANSFER: DIKSHIT
Kerala Governor Shiela Dikshit on Wednesday said her meeting with Prime Minister Narendra Modi and Home Minister Rajnath Singh was a “courtesy call to meet the administration.” She denied all reports of her being transferred and said: “Nothing of this sort was discussed. How would I know whether I will be transferred or not?”