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Raj Bhavan scandal file with Advocate General
SHILLONG: The files related to the query on the Raj Bhavan scandal is now pending with the Advocate General for his opinion on whether any probe can be initiated.
An official source said on Thursday that after the Political Department had referred the matter to the Law Department, the latter wanted further clarity on the nature of questions posed by the Political Department.
The source added that the file does not mention any specific query as the matter raised by the Political Department was general in nature.
However, the Law Department has referred the matter to the Advocate General for his opinion.
Earlier, Chief Minister Mukul Sangma had told reporters that the matter related to the probe into the Raj Bhavan scandal would depend on the opinion of legal experts.
The question is whether former Governor V. Shanmuganathan still enjoys any immunity or protection that would stand in the way of any probe.
Former Deputy Chief Minister in charge Law Bindo Lanong recently said Shanmuganathan does not enjoy any immunity since he has already resigned and the protection clause under Article 361 of the Constitution does not apply to him.
The Supreme Court of India in the case ‘Rameshwar Prasad & Others vs. Union of India’ on January 24, 2006, had observed that “though the Governor cannot be prosecuted and imprisoned during his term of office, he can be prosecuted after his term of office for the guilt committed during his term of governorship as declared earlier by the courts”.