State Police Can't Act Against Governor, Refrain From Giving Statements: Ananda Bose To Staff
Dr CV Ananda Bose, the Governor of West Bengal, has issued a note directing all staff members of Raj Bhavan to refrain from cooperating with any inquiry or investigation initiated by the state police. This directive comes in response to West Bengal police launching an inquiry into the molestation allegation against the Governor by a contractual woman employee.
The note, citing Article 361(2) and (3) of the Constitution of India, emphasises that no criminal proceedings can be instituted or continued against the Governor during his term of office. It asserts that the Governor enjoys complete immunity, as established by various judgments of the Supreme Court.
The complainant, a contractual woman employee, lodged a police complaint at the Hare Street Police station, accusing Governor Bose of misconduct.
Dr. Ananda Bose”s circular explicitly instructs all staff members, including part-time, temporary, and contractual employees, to ignore any communication from the police regarding the matter. It further prohibits them from providing any statements, whether online, offline, in person, over the phone, or through any other means.
“Since the Governor has been granted constitutional immunity from any criminal proceedings being instituted or continued against him, it logically follows that the police cannot investigate/inquire into the matter in any manner whatsoever. To say that the inquiry /investigation of the police could continue even during the tenure of the Governor though no court can take cognisance of the final report, would be in derogation of the objective and essence of Art.361 of the Constitution of India. Thus, in view of the immunity enjoyed by the Governor, the police are constitutionally barred from carrying out any kind of preliminary inquiry, registering a First Information Report,” the note said.
The circular, signed by Dr. CV Ananda Bose, underscores the constitutional immunity granted to the Governor and asserts that the state police are constitutionally barred from taking any action against him. The Chief of Staff, Dr. SK Pattanayak, has been tasked with ensuring immediate communication of this directive to all concerned parties.
On Friday, Mamata Banerjee, the West Bengal Chief Minister, lashed out at the Governor on the alleged molestation case at Raj Bhavan. Banerjee also wondered why the Prime Minister Narendra Modi who went to the Raj Bhavan on Thursday did not make any comment on the issue. She said her “heart bleeds” for the woman. The West Bengal CM’s comment came a day after a female employee at the state’s Raj Bhavan accused the Governor of molestation. While speaking at a public rally in Purba Bardhaman district, Banerjee called the incident a shame.
