Does Constitutional Provision Give Immunity To Governor Against Probe? Supreme Court Asks AG In Bengal Case

The Supreme Court on Friday agreed to examine the constitutional provision granting governors ‘blanket immunity’ from criminal prosecution.

The bench comprising Chief Justice of India D.Y. Chandrachud, Justices JB Pardiwala and Manoj Misra, requested the assistance of the Attorney General of India, R. Venkataramani, in a petition filed by a former woman employee of West Bengal Raj Bhavan against CV Ananda Bose.

The petition challenges the immunity claimed by Governor Bose in relation to a molestation complaint made by the woman against him.

At the outset, senior advocate Shyam Divan, appearing for the woman whose name has been redacted from the judicial records, said, “It cannot be that there is no investigation. Evidence has to be gathered right now. It cannot be deferred indefinitely till the governor demits office.” The plea said the immunity granted to the governors under clause 2 of Article 361 cannot bar the investigation and moreover, the time is the essence in such probes.

Additionally, the petitioner has requested the court to issue directions for establishing specific guidelines regarding the immunity governors enjoy from criminal prosecution.

“The petition raises the issue pertaining to the ambit of the protection which is afforded to the governor under clause (2) of Article 361 of the Constitution,” the bench said in its order of issuing notice to the state government and others.

According to Article 361, which provides immunity to the President and Governor, they “shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties…”

The provision also says: no criminal proceedings whatsoever shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office. No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.

Plea Seeks Police Probe, Protection

The plea also seeks an investigation by the West Bengal Police into the case, as well as protection for the woman and her family. Additionally, it calls for government compensation for the reputational damage she has suffered.

The woman, a contractual employee at Raj Bhavan, had reported to Kolkata Police that she was molested by Governor Ananda Bose at the governor’s residence on April 24 and May 2.

She has accused Bose of staging a “ridiculous drama” to divert attention from his actions, emphasising that he should have provided CCTV footage from the premises at the start of the investigation.

(With inputs from PTI)