WB Governor Asserts Constitutional Immunity Amid Molestation Allegations
Kolkata: West Bengal Governor C.V. Ananda Bose, accused of molestation by a female contractual staff at Raj Bhavan, on Sunday about of “constitutional immunity” and questioned a police probe into the scandal.
He has gagged all categories of Raj Bhavan employees from speaking to the police who are probing the high-voltage complaint against him. In a statement posted on his X handle, Bose pointed out the constitutional provisions and two Supreme Court judgments in his favour.
He said, “It is clear that the State machinery cannot set in motion any sort of criminal proceedings, whatsoever, against the Governor (sic),” adding, “The reports from the media indicate that the police propose to conduct an inquiry into the incident and that they would be examining the staff of the Raj Bhavan.”
Bose then observed, “It is also reported that the investigating team intends to collect the CCTV footage from Raj Bhavan. The question that arises is as to whether the police can conduct an inquiry and collect evidence in view of the immunity enjoyed by the Governor under Art.361(2) and (3) of the Constitution of India.”
He noted, “Since the Governor has been granted constitutional immunity from any criminal proceedings being instituted or continued against him, it logically follows that the police cannot investigate/inquire into the matter in any manner whatsoever. To say that the inquiry/investigation of the police could continue even during the tenure of the Governor though no court can take cognisance of the final report, would be in derogation of the objective and essence of Art.361 of the Constitution of India.”
Bose later stated, “Thus, in view of the immunity enjoyed by the Governor, the police are constitutionally barred from carrying out any kind of preliminary inquiry, registering a First Information Report. It is therefore clear that in view of Art.361(2) and (3) of the Constitution of India, the state Police cannot act in any manner whatsoever to inquire/investigate/set in motion any kind of proceedings against the Hon'ble Governor. In the circumstances all staff/ employees including part time, temporary, DRW or those enegaged in Raj Bhavan in any manner are hereby directed to ignore any communication from the police in this respect and refrain from giving any statement online, offline, in person, over phone or in any other manner. This will tale immediate effect.”
