West Bengal Governor CV Ananda Bose has been at the centre of a controversy after a woman contractual staffer alleged that she was “molested” by him. However, the question remains can Bose, who holds a constitutional position, be prosecuted?
No, as the Constitution bars police from naming him as a suspect or probing the case.
Article 361 of the Constitution, which addresses immunity for the President and Governors, stipulates that 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 includes two crucial sub-clauses: (1) 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; (2) 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.
Speaking about the immunity, senior Advocate Devadatt Kamat said that the a Governor can’t be prosecuted according to the Constitution. Action can be initiated against him only after he ceases to hold the office.
A landmark ruling in the Rameshwar Prasad vs Union of India in 2006 said that the Governor enjoyed immunity “even on allegation of personal malafides”.
The ruling is indeed not for criminal complaints but for exercising discretionary constitutional powers. However, there have been instances when the criminal action has been stopped till the Governor completed the term in office.
In 2017, the Supreme Court allowed new criminal conspiracy charges against BJP leaders L K Advani, Murli Manohar Joshi, and Uma Bharti in connection with the 1992 demolition of the Babri Masjid. However, the trial was stalled for former UP Chief Minister Kalyan Singh, who was then serving as the Governor of Rajasthan.
Again, in 2017, then Meghalaya Governor V Shanmuganathan resigned after allegations of sexual harassment by Raj Bhavan staff, following a push from the Centre.
What is the West Bengal Governor case?
Several TMC leaders claimed on Thursday on social media that a woman had levelled allegations of molestation against him.
Responding to the allegations, the Governor, in a statement wrote, “Truth shall triumph. I refuse to be cowed down by engineered narratives. If anybody wants some election benefits by maligning me, God bless them. But they cannot stop my fight against corruption and violence in Bengal.”
Speaking over the incident, Deputy Commissioner of Central Division Indira Mukherjee told reporters that police has received a complaint and they are probing the case. “As per the woman’s allegation, she was molested inside Raj Bhavan,” she said.
West Bengal Women and Child Development Minister Shashi Panja said it is “shameful” that the Governor has maligned his post and has used it to “torture a woman”.
“It is appalling and shocking to see such an incident. This is the same Governor who had reached out to Sandeshkhali to talk about women’s rights and Nari Shakti. This is shameful that the Governor sought undue advantages in the pretext of giving her a permanent job. We want Prime Minister Narendra Modi who will be addressing rallies in Bengal tomorrow to react on this issue,” she said.