On Friday, July 19, the Supreme Court requested the assistance of the Attorney General for India. This was in a petition filed by a former female employee of the West Bengal Raj Bhavan. The petition challenges the immunity claimed by the State’s Governor, CV Ananda Bose. It is against a molestation investigation.
The petitioner argued that the immunity granted to Governors from criminal proceedings under Article 361 of the Constitution should not preclude an investigation. The bench, composed of Chief Justice DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, permitted the petitioner to include the Union of India in the petition filed under Article 32 of the Constitution.
Senior Advocate Shyam Divan, representing the petitioner, asserted that Article 361 does not bar investigations, emphasising the need to gather evidence immediately rather than deferring indefinitely. He requested notices on specific prayers in the petition: directing the West Bengal State Police to investigate and record the Governor’s statement, and framing guidelines on the exercise of immunity under Article 361.
About the petition
Issuing notice, the bench stated, “The petition raises the issue pertaining to the ambit of the protection afforded to the Governor under clause (2) of Article 361 of the Constitution, according to which ‘no criminal proceedings whatsoever shall be prosecuted or continued against the Governor of the State in any court during his term of office.’ The petitioner questions the scope of this protection, especially when criminal proceedings are considered constituted.”
Advocate Aastha Sharma accepted the notice on behalf of the State of West Bengal.
The petitioner contended that Article 361 does not bar police investigations against the Governor. The blanket immunity for criminal acts is unreasonable and violates fundamental rights. She argued that waiting for the Governor to leave office to initiate a trial is unjust.
Article 361 grants Governors immunity from court proceedings related to the exercise of their office duties and protection from criminal proceedings and arrest during their term.
The petitioner also sought protection for herself and her family, compensation for reputational damage, and a directive for the State Police to investigate the matter.
On July 1, Bose requested Department of Personnel & Training (DOPT) to remove the Kolkata Police Commissioner and Deputy Commissioner. Thus, claiming their investigation into the molestation allegations violated his constitutional immunity.
Background:
The case originated from an FIR filed by a former contractual employee of the Raj Bhavan, Kolkata. It was against the Governor and three staff members, including the Officer-On-Special Duty (OSD) to the Governor. The Governor was accused of molestation, while the staffers were accused of wrongful restraint.
On May 24, the Calcutta High Court temporarily stayed a probe by the West Bengal police. This is against the OSD and other Raj Bhavan staffers.
Bose also filed a defamation suit against West Bengal Chief Minister Mamata Banerjee regarding the molestation allegations. Recently, the High Court restrained Banerjee from making defamatory comments against the Governor.
Reliefs Sought in the Petition:
a) Protection and security for the petitioner and her family from the State of West Bengal.
b) Compensation for the petitioner for reputational damage and loss of dignity. It is due to the State’s failure to protect her identity.
c) Mandate the State Police to investigate, including recording the Governor’s statement if necessary.
d) Frame guidelines on the extent of immunity under Article 361 for the Governor’s office.
The Supreme Court will now consider these matters further.
