West Bengal Governor CV Ananda Bose has been accused of sexual harassment by a woman staff member of the state Raj Bhavan (image-X/BengalGovernor)
On Friday, the Supreme Court agreed to examine a petition filed by a woman staff member of the West Bengal Raj Bhawan who accused Governor CV Ananda Bose of sexual harassment. Her plea questioned the validity of the legal provision granting blanket immunity to the governor under Article 361 of the Constitution.
Headed by Chief Justice DY Chandrachud, a bench comprising Justices JB Pardiwala and Manoj Misra issued a notice to the West Bengal government and sought the assistance of Attorney General R Venkataramani in the case.
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The petitioner contended that the immunity granted to governors from criminal proceedings under Article 361 of the Constitution cannot bar investigation. Representing the petitioner, senior advocate Shyam Divan said, “It cannot be that there is no investigation. Evidence has to be gathered right now. It cannot be deferred indefinitely.”
She urged the court to clarify whether acts of sexual harassment and molestation can be considered part of the governor’s official duties. While highlighting the potential injustice faced by victims in such cases, the petition questioned if they should wait for the governor to leave office before seeking justice, thereby granting him blanket immunity.
The bench granted the woman to implead the Union of India in the petition and the West Bengal government. The court has sought a response within three weeks.
According to Article 361(2) of the Indian Constitution, no criminal proceedings can be instituted or continued against the President or Governor of a State in any court during their office term.
The plea stated that the immunity provided by Article 361 should not be absolute, especially in cases involving illegal acts or violations of fundamental rights.
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Governor Bose had allegedly called her on April 24 and May 2 on the false pretext of offering her a better job and sexually harassed her within the premises of Raj Bhavan during working hours.
An FIR was registered against the officer on special duty (OSD) and other Raj Bhavan staff. However, in May, the Calcutta High Court put a stay on the proceedings. As per the FIR, the OSD and other staff members restrained and pressured the woman from lodging a complaint against the governor.
