Apex Court Issues Notice In Plea Questioning 'Absolute Immunity' To West Bengal Governor In Sexual Harassment Case

The Supreme Court, today, issued notice in a petition questioning the 'absolute immunity' given to the West Bengal Governor under Article 361(2) of the Constitution in sexual harassment case.

Several former employees of Raj Bhavan, Kolkata had alleged incidents of sexual harassment against the Governor of the State of West Bengal Dr CV Ananda Bose.

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra ordered, "The Petition raises issues pertaining to the ambit of the protection which is afforded inter alia to the governor under Clause 2 Article 361 of the Constitution, according to which "No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office". The Petition raises the issue in this regard...criminal proceedings construed to have been instituted in terms of the governing provision of law. Liberty is granted to implead the Union of India as a party to the proceedings. Notice shall be issued. Learned Attorney General of India to assist the Court."

Senior Advocate Shyam Divan appeared on behalf of the Petitioner and requested the Court to implead the Union of India. The Court asked him to amend the pleadings in this regard.

Divan submitted, "The investigation has to be completed. Now there is a serious incident which took place on two dates, 24th April and 2nd May...whatever My Lords the machinery has to move forward. Evidence has to be gathered right now is our respectful submission. It cannot be deferred indefinitely."

CJI asked, "You have not impleaded Union of India as a party?"

Divan replied, "I am happy too, if Your Lordships feels."

Advocate Aastha Sharma accepted the notice on behalf of the State of West Bengal.

The petition was filed after several allegations were made by former employees of Raj Bhavan, Kolkata. The Calcutta High Court had temporarily stayed the probe by the West Bengal Police against the Officer on Special Duty to the Governor and other Raj Bhavan staffers who were accused of wrongful restraint by a former employee who had alleged the harassment.

Recently, the Calcutta High Court had also granted an interim injunction against Mamta Banerjee, Chief Minister of State of West Bengal to publish any defamatory remarks against Governor of West Bengal, C. V. Ananda Bose. A suit was filed against Mamta Banerjee and others alleging that they had made defamatory statements in the newspapers, including, Indian Express, the Times of India and The Hindu against the plaintiff. It was also alleged that Defendant No. 4 on Twitter made vague threatening remarks against the Governor to pressure him to accept the request made by Defendant Nos. 2 and 3. The Governor submitted that such false, frivolous, libellous allegation made by the defendants has injured the reputation and goodwill of the plaintiff as well as his office being the Governor of the State of West Bengal and exposed him to hatred, contempt, ridicule amongst others.

Mamta Banerjee alleged that she has received complaints from women who claimed that they felt unsafe going to the Raj Bhavan after reports of certain activities were reported from there. The Chief Minister submitted that fair comments on issues of public interest and the said publications are not defamatory and that she will disclose the names of the Women, who expressed their apprehension to go to Raj Bhavan.

Cause Title: XXXX v. State of West Bengal (W.P.(Crl.) No. 295/2024)