Calcutta HC Temporarily Stays Proceedings Against Raj Bhavan Staff Accused Of Restraining Fmr Employee From Complaining Against Governor For Alleged Molestation

The Calcutta High Court has temporarily stayed a probe by the West Bengal police against the Officer on Special Duty to the Governor (OSD) and other Raj Bhavan staffers who were accused of wrongful restraint by a former employee who had accused Governor CV Ananda Bose of molestation.

The complainant had alleged that the accused/petitioners had restrained her in a room of the Raj Bhavan, attempted to take away her bag and phone and warned her against raising her voice against the governor.

In noting that the petitioners were out on bail, the state had gathered the relevant evidence and that the petitioner's restraint could not have been absolute since she was able to escape and file her complaint, a single bench of Justice Amrita Sinha, stayed the investigation and held:

Prayer has been made to quash the proceedings and the FIR. Matter is at an interim stage. Petitioner has obtained bail. Evidence are already in custody of the IO. The complainant has mentioned that she was made to sit inside a room and the petitioner blocked her way. it is mentioned that the petitioner and other staffers tried to take away her bag and phone. But somehow she left the room. At this stage it does not appear that the probe will suffer if the same is stayed till 17th June 2024. Let the report be placed before the regular bench on re-opening of court.

Counsel for the petitioner stated that the complainant alleged that she was alone in the Governor's chamber when the incident of molestation occurred and that in that event, the petitioners would have no occasion to restrain her since they would not be aware of what transpired between her and the governor.

It was argued that there was no absolute restraint of the complainant which would be required to prove the charge since she was able to get out of the Raj Bhavan premises and file her complaint with the police. 

It was stated that Article 361 provides absolute immunity to the governor and that implicating the petitioners was a roundabout way to impinge on he governor's immunity.

Advocate General for the State argued that there were two distinct offences. One of molestation by the governor, which could not be investigated due to his immunity, and another of wrongful restraint by his staff which was being probed by the police. 

It was stated that the complainant had gathered the courage to raise her voice against the governor and that by staying the investigation in her complaint, an opportunity would be provided to potentially manipulate witnesses working at the Raj Bhavan.

it was argued that the present was a malicious attempt to thwart the complainant's allegations and that the immunity under Article 361 was only for the governor and could not be extended to his staff.

Court held that to prove the offence of wrongful restraint, complete restraint would need to be shown, which was absent from the present case. It stated that since the complainant was able to move freely, the allegation of wrongful restraint could not have been completed.

Thus, in taking into account the totality of the situation, the Court stayed the investigation in the matter till 17th June and listed the matter for hearing on 10th June, 2024, before the regular bench.

Case  No: WPA/14799/2024

Case: SANDEEP KUMAR SINGH VS STATE OF WEST BENGAL AND ORS.