Lagatar24 Desk
New Delhi: The Supreme Court on Friday agreed to hear a petition challenging the ‘blanket immunity’ granted to West Bengal Governor CV Ananda Bose under Article 361 of the Constitution. The petition was filed by a woman staff member of the Raj Bhawan in Kolkata, accusing Governor Bose of molesting her on two separate occasions.
A bench comprising Chief Justice DY Chandrachud, Justices JB Pardiwala, and Manoj Misra has sought the assistance of Attorney General R Venkataramani in this case. Additionally, the bench has issued a notice to the West Bengal government.
The woman’s plea argues that the immunity provided to governors from criminal proceedings under Article 361 should not prevent investigations into allegations of sexual harassment and molestation. The petitioner has urged the court to clarify whether such acts can be considered part of the governor’s official duties, thus entitling him to immunity under Article 361. The plea highlights the potential injustice faced by victims, questioning if they must wait for the governor to leave office before seeking justice.
“This court has to decide whether a victim like the petitioner can be rendered remediless, with the only option being to wait for the accused to demit his office, which delay will then be inexplicable during the trial, and render the entire procedure a mere lip service, without any justice to the victim herein,” the plea stated.
The woman petitioner has argued that the immunity provided by Article 361 should not be absolute, particularly in cases involving illegal acts or violations of fundamental rights. “Such powers cannot be understood to be absolute so as to enable the Hon’ble Governor to do acts which are illegal or which strike at the root of Part III of the Constitution. Moreover, the said immunity cannot impair the police’s powers to investigate the offence or even naming the perpetrator in the complaint/FIR, despite specific averments to that effect,” her plea added.
The petitioner had lodged a written complaint at the Hare Street police station on May 2, alleging that the governor sexually harassed her on March 24 and again on May 2, summoning her to his chamber under the pretext of offering her a permanent job. Following the complaint, Kolkata Police set up an enquiry team to investigate the allegations. However, Governor Bose directed Raj Bhavan employees to ignore the police inquiry, citing Article 361 of the Constitution.
Article 361 states that no criminal proceedings can be initiated against the President or a Governor while they are in office. This case will test the limits of this constitutional protection and its implications for justice in cases involving serious allegations like sexual harassment.
