The Indian Express (Delhi Edition)
Woman who filed complaint against Bengal Governor moves top court
A CONTRACTUAL woman employee of the West Bengal Raj Bhavan, who had accused Governor C V Ananda Bose of sexual harassment, has moved the Supreme Court seeking direction to the police to investigate the matter.
The petitioner said that she is left remediless “due to the blanket immunity bestowed under Article 361, Constitution” to the Governor. According to Article 361 of the Constitution, criminal proceedings cannot be instituted in a court against the Governor during his term of office.
"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 petitioner urged the top court to “frame guidelines and qualification to the extent the immunity given under Article 361 can be exercised by the office of… Governor”.
The woman had lodged a complaint with Kolkata Police.
She also sought a direction to the State of West Bengal through the Director General of Police to provide protection and security to her.
The petitioner accused the Governor of revealing her identity and requested the SC to direct the state government to compensate her “for loss of reputation and dignity” suffered by her family and her due to this.
In her plea, the woman contended that the object behind granting immunity under Article 361 was to insulate the Head of State from any possible exposure to malicious publicity of his involvement in any offence instituted during his term of office.