wb-raj-bhavan-staff-moves-sc-over-immunity-given-to-guvs

A contractual woman employee, who has alleged molestation by West Bengal Governor CV Ananda Bose, has moved the Supreme Court against “blanket immunity” conferred to him under Article 361 of the Constitution.

 

According to Article 361, criminal proceedings cannot be instituted in a court against the Governor during his term of office.

 

The woman petitioner has sought directions to frame specific guidelines under which Governors enjoy immunity from criminal prosecution.

 

“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 inexplainable during the trial, and render the entire procedure a mere lip service, without any justice to the victim herein,” the plea said.

 

The plea has also sought a probe into the case by West Bengal police and protection for her and her family along with compensation from the government for her loss of reputation.

 

The contractual woman employee of Raj Bhavan had lodged a complaint with Kolkata Police alleging that she was molested by Bose in the governor’s house on April 24 and May 2.

 

She accused Bose of orchestrating a “ridiculous drama” to deflect attention from his actions, emphasising that he should have provided the CCTV footage from premises to police at the outset of the investigation.

 

Footage from two CCTV cameras positioned at the main (north) gate, spanning from 5.32 pm to 6.41 pm on May 2, was shown to a select group of people and journalists at the Central Marble Hall on the ground floor of Raj Bhavan.

 

In the first footage, the employee, dressed in jeans and a top, was seen hurrying to the police outpost housed within the governor’s house amidst a significant number of police personnel who were deployed in the premises for the scheduled visit of Prime Minister Narendra Modi on that day.

 

The second footage, which lasted for around 10 minutes, showed various vehicles including fire tenders arriving at the north gate of Raj Bhavan and policemen lining up for their regular duties. The victim, however, could not be spotted.

 

Amid the controversy over the woman’s allegation, Bose had filed a defamation case against Chief Minister Mamata Banerjee on June 28, a day after the CM claimed that women complained to her that they were afraid to visit the Raj Bhavan because of the activities there.

 

The Calcutta High Court has adjourned till Thursday the hearing in the matter.