Woman Who Alleged Molestation By WB Governor CV Ananda Bose Approaches Supreme Court Challenging Immunity Claimed By Him

A former employee of West Bengal Raj Bhavan, who raised sexual harassment allegations against the State's Governor, CV Ananda Bose, has approached the Supreme Court challenging the immunity claimed by the Governor from criminal prosecution as per Article 361 of the Constitution. 

The petitioner argued that Article 361 does not bar police investigation against the Governor. She also argued that the Governor cannot claim blanket immunity in respect of criminal acts. Allowing such immunity would force her to wait for the Governor to demit office to initiate the trial, which is unreasonable and violative of her fundamental rights, the petitioner contended.

As per Article 361, blanket immunity is granted to Governors of States from being answerable to any court for "the exercise and performance of the powers and duties of his office" or any act done in furtherance of the same. Article 361 (2) and (3) grant immunity to the Governor from any criminal proceedings and arrest during his term of office. 

The petitioner also seeks to frame specific guidelines under which Governors can enjoy constitutional immunity in the spirit of Article 361 rather than complete blanket protection. 

Additionally, the petitioner has prayed for the protection of her and her family's life, compensation for loss of reputation and directions to the State Police to conduct a probe into the matter. 

It may be noted on July 1, Bose addressed a letter to the Department of Personnel & Training (DOPT) seeking the removal of the Kolkata Police Commissioner and Deputy Commissioner for investigating the alleged sexual harassment allegations which would violate his constitutional immunity. 

The genesis of the case relates to an FIR filed by a former contractual employee of the Raj Bhavan, Kolkata against the Governor and three other staff members including the Officer-On-Special Duty (OSD) of the Governor. While Bose was alleged of molestation, the staffers were alleged of wrongfully restraining the victim in a room of the Raj Bhavan. They attempted to take away her bag and phone and warned her against raising her voice against the governor. 

On May 24, the Calcutta High Court temporarily stayed a probe by the West Bengal police against the Officer on Special Duty to the Governor (OSD) and other Raj Bhavan staffers. 

It may also be noted that Bose has moved the Calcutta High Court for defamation against the WB Chief Minister Mamta Banerjee concerning the molestation allegations. 

The plea comes in the aftermath of the Chief Minister allegedly making comments against the Governor stating that she had been informed by women that they did not feel safe visiting the Raj Bhavan due to recent allegations of sexual harassment against the governor by a former Raj Bhavan employee. 

The following reliefs have been sought in the petition : 

a) Issue writ/writs including a writ in the nature of Mandamus or any other appropriate writ, order or direction, to the State of West Bengal through Director General of Police to provide protection and security to the Petitioner and her family;

b) Issue writ/writs including a writ in the nature of Mandamus or any other appropriate writ, order or direction, directing the State of West Bengal to compensate the Petitioner for loss of reputation and dignity suffered by the Petitioner and her family due to the failure of the State machinery in protecting the identity of the victim; 

c) Issue writ/writs including a writ in the nature of Mandamus or any other appropriate writ, mandating the State of West Bengal through State Police machinery to carry out investigation, including right of the State Police to record the statement of the Hon'ble Governor by the police in connection with investigation of a crime, if it is so essential;

d) Frame guidelines and qualification to the extent the immunity given under Article 361 can be exercised by the office of Hon'ble Governor