Woman who filed complaint against Bengal Governor moves Supreme Court
What's the story
A female contractual worker at Raj Bhavan in West Bengal has lodged a petition with the Supreme Court, questioning the immunity granted to governors under Article 361 of the Constitution.
The petitioner, who accused Governor CV Ananda of sexually harassing her on two occasions, sought clarification on whether such acts fall within a governor's official duties and thus qualify for immunity.
The plea adds that victims shouldn't be left without recourse while waiting for an accused governor to leave office.
Legal argument
Petition seeks investigation, questions immunity guidelines
The petition further called for a comprehensive investigation by the West Bengal Police and clearer guidelines on governors' immunity under Article 361.
It argues that while civil suits against a governor can be initiated after two months' notice, no such provision exists for criminal proceedings.
The plea contends that "the object of Article 361 cannot be to impair the power of the police in such situations," and that the immunity provided under it should not be absolute.
Accusations
Allegations detail harassment, seek protection and compensation
"Such powers cannot be understood to be absolute so as to enable the...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," the plea said.
It argued that Bose has dismissed the allegations as an "engineered narrative," leaving the petitioner feeling marginalized and stigmatized.
Legal proceedings
High Court order halts proceedings against governor's aide
The woman has also requested state protection and compensation for her trauma.
The petitioner's request for protection and compensation follows a May order by the Calcutta High Court, which stayed proceedings in a first information report against an Officer on Special Duty (OSD-II) to the governor.
The officer was accused of pressuring the victim to refrain from filing the sexual harassment complaint against Bose.