Victim In West Bengal Governor Sexual Harassment Case Moves To Supreme Court

By Legal Wires 3 Minutes Read

A former employee of West Bengal Raj Bhavan, who accused the State’s Governor, CV Ananda Bose, of sexual harassment, has moved a petition in the Supreme Court. The petition challenges the Governor’s claim of immunity from criminal prosecution under Article 361 of the Constitution.

The petition argues that Article 361 does not prevent a police investigation against the Governor. She contended that the Governor cannot claim blanket immunity for criminal acts, asserting that allowing such immunity would force her to wait until the Governor leaves office to initiate the trial, which she deems unreasonable and a violation of her fundamental rights.

“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.

Article 361 of the Indian Constitution grants immunity to Governors of States, shielding them from legal proceedings for actions taken in the course of their official duties. This protection is designed to ensure their ability to carry out their responsibilities without fear of interference from courts or legal challenges. Additionally, it includes safeguards against arrest during their tenure, aiming to uphold the independence and effective functioning of their office.

According to the victim’s complaint, the Governor called her on April 24 and May 2 under the false pretence of offering a better job, only to sexually harass her within the Raj Bhavan premises during working hours.

Furthermore, the petitioner has requested safeguards for her and her family’s safety, compensation for harm to her reputation, and instructions for the State Police to initiate an investigation into the issue.

Legal Wires

Team @LegalWires