A woman has accused West Bengal Governor C.V. Anand Bose of sexual harassment and has filed a petition in the Supreme Court, challenging the immunity granted to the Governor under Article 361 of the Constitution. This constitutional provision shields the Governor from criminal proceedings during their tenure. The petition questions how this immunity can override the woman’s fundamental right to life.
Governor Bose has categorically refused to cooperate with the state police’s investigation, labeling it as illegal and unconstitutional. Legal experts assert that allegations of sexual harassment should be promptly investigated. However, they also acknowledge that Article 361 prevents any criminal case or punishment against a sitting Governor. This provision allows for the Governor’s statement to be taken only when absolutely necessary, while ensuring the dignity of the Governor is preserved.
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The woman, a contractual worker at the Raj Bhavan, lodged a police complaint alleging that Bose molested her twice within the premises. In response, Governor Bose dismissed the allegations as politically motivated, aimed at gaining leverage in the current election climate. He vowed not to cooperate with the police under the direction of Mamata Banerjee.
The police have formed an 8-member committee, led by Central Range Deputy Commissioner Indira Mukherjee, to investigate the matter. Mukherjee has requested CCTV footage from the day of the alleged incidents at the Raj Bhavan. However, the Raj Bhavan has refused to provide the footage, citing Article 361’s protections.
The case highlights the tension between constitutional immunity and the need for accountability in cases of serious allegations. As the Supreme Court considers the petition, the legal and political ramifications of this case continue to unfold.
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