SC to review Article 361 granting immunity to Guv against criminal prosecution
Kolkata: On a plea by a contractual woman employee of the Raj Bhavan who had raised sexual harassment allegations against Bengal Governor C V Ananda Bose, the Supreme Court of India has issued notices to the state and the Centre while deciding to review Article 361 which grants immunity to Governors against criminal prosecution.
A three-judge bench presided by Chief Justice of India D Y Chandrachud allowed the woman to implead the Union of India in the matter. The bench, also comprising Justices J B Pardiwala and Manoj Misra, noted in its order that it pertains to the “ambit of the protection which is afforded inter alia to the Governor under Article 361(2)”. The apex court said: “The plea raises questions pertaining to the ambit concerning protection granted to the Governor under Article 361 (no criminal proceedings shall be constituted or continued against the Governor of a State during his term of office). The plea raises the issues regarding when criminal proceedings would be constituted to have commenced. Liberty to implead the Union as a party. Notice issued. We request the Attorney General for India to assist the court”.
The woman filed a police complaint in May alleging Governor Bose called her on April 24 and May 2 under the pretext of offering her a job and sexually harassed her at Raj Bhavan. Later in May, the Calcutta High Court stayed proceedings in a FIR against the Officer on Special Duty (OSD-II) to the Bengal Governor. The OSD-II was accused of restraining and pressuring the victim to refrain from filing a sexual harassment complaint against the governor. She then approached the Supreme Court earlier this month. Senior Advocate Shyam Divan, representing the woman, said the investigation has to go on.
In her plea, the woman said she is left with no remedy “due to the blanket immunity bestowed under Article 361, Constitution” to the Governor and urged the court to “frame guidelines and qualification to the extent the immunity given under Article 361 can be exercised by the office of… Governor”. She also sought a direction to the West Bengal government through the director general of police to provide protection and security to her.
