A woman staff member at the West Bengal Raj Bhawan, who accused Governor CV Ananda Bose of sexual harassment, has approached the Supreme Court to challenge the immunity granted to the Governor under Article 361 of the Constitution.
She seeks a ruling on whether sexual harassment constitutes performing official duties, warranting such immunity. Article 361(2) states that no criminal proceedings can be initiated against the President or Governor during their term.
The petitioner argues that victims like her are left without recourse due to this immunity, having to wait until the Governor leaves office, which delays justice. She contends that this immunity should not be absolute and calls for guidelines to limit the immunity of the Governor’s office.
The plea emphasizes that immunity should not prevent police from investigating or naming the perpetrator in complaints. The petitioner also seeks a thorough investigation by the West Bengal Police, protection for her and her family, and compensation for the damage to her reputation and dignity. According to her complaint, the Governor called her on April 24 and May 2 under false pretenses to sexually harass her at Raj Bhavan during working hours.
An FIR was filed against the officer on special duty (OSD) and other staff for allegedly restraining and pressuring her to not file the complaint. However, the Calcutta High Court stayed the proceedings in May.
