Sexual harassment case against West Bengal Governor, Victim moves Supreme Court

West Bengal: A female staff member of the West Bengal Raj Bhawan, who accused Governor CV Ananda Bose of sexual harassment, has moved the Supreme Court to challenge the immunity provided to the Governor under Article 361 of the Constitution. The petitioner urges the court to determine whether acts of sexual harassment and molestation fall within the scope of the Governor's official duties, thereby granting him broad immunity under Article 361.

"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 petition also calls for a comprehensive investigation by the West Bengal police and seeks the establishment of guidelines regarding the Governor's immunity under Article 361. According to the petitioner, while a civil suit against a Governor requires a two-month written notice, no such requirement exists for criminal proceedings, leaving the petitioner without recourse.

The petitioner contends that Article 361 should not hinder police powers in such cases. "Such powers cannot be understood to be absolute so as to enable the Honble Governor to do acts which are illegal or which strike at the root of Part III of the Constitution. Moreover, the said immunity cannot impair the polices powers to investigate the offence or even naming the perpetrator in the complaint/FIR, despite specific averments to that effect," she argued.

The victim's complaint states that the Governor summoned her on April 24 and May 2 under the false pretense of offering a better job, only to sexually harass her within the Raj Bhawan premises during working hours. The plea highlights that the Governor, while ostensibly performing his official duties, conducts himself in a reprehensible manner and uses the media to dismiss the allegations as an engineered narrative, leaving the petitioner voiceless and subject to public scorn.

The petitioner seeks protection from the State and compensation for the trauma she has endured. In May, the Calcutta High Court stayed proceedings in a First Information Report (FIR) against the Governors Officer on Special Duty (OSD-II), who was accused of restraining the victim and pressuring her not to file a sexual harassment complaint against the Governor.