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January 30, 1999

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MP high court quashes governor's order

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The Madhya Pradesh high court on Saturday quashed the order of the governor giving special police sanction for the prosecution of former ministers B R Yadav and Rajendra Singh for their alleged involvement in the Indore land scam.

Justice C K Prasad, while pronouncing the judgement in the court today, allowed the petition of the two former ministers and observed that the order of Governor Bhai Mahavir sanctioning prosecution of the two ministers was absolutely without jurisdiction and ''illegal.''

''The doctrine of necessity can be only invoked in exceptional circumstances,'' the judge maintained.

Justice Prasad further observed that the respondent (governor) failed to demonstrate in the present case that there was material sufficient to invoke the doctrine of necessity.

UNI

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