In a setback to former Uttarakhand CM Harish Rawat, the Nainital High Court on Monday allowed the Central Bureau of Investigation (CBI) to file an FIR against the Congress leader in connection with a sting video case that surfaced in 2016. The Court said that the investigating agency can initiate inquiry but it can not arrest Harish Rawat until the final judgment of the court.

Speaking on the case, Harish Rawat’s lawyer Deva Dutt Kamat told news agency ANI that any action taken by CBI including registration of any FIR will be subject to the final decision in the writ petition. The court has posted the matter for November 1.

Earlier this month, it was reported that the agency would file a case against former Uttarakhand chief minister over a sting video that purportedly showed him negotiating with rebel MLAs for support. The incident happened when the state was under President’s rule and former CM Rawat in an attempt to get back to was trying to win back the support of rebel MLAs who had crossed over to the BJP.

Later, Harish Rawat formed the government following a floor test. Immediately after taking over, his cabinet proposed to form a special investigating team to look into the matter. The state government wanted the Centre to withdraw the probe. However, the Centre rejected the proposal and continued the CBI investigation against the Congress leader. Rawat later challenged the probe in the High Court.