The Supreme Court on Friday issued notice to the West Bengal Government on a plea by a contractual woman employee of the Raj Bhavan, who had raised sexual harassment allegations against state Governor C V Ananda Bose, seeking direction to the police to investigate the matter.
A three-judge bench presided by Chief Justice of India D Y Chandrachud also allowed the woman to implead the Union of India. The bench, also comprising Justices J B Pardiwala and Manoj Misra, noted in its order that it pertains to the “ambit of the protection which is afforded among other things to the Governor under Article 361(2)”.
According to the provision, “no criminal proceedings shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office”. Granting liberty to implead the Centre, the bench added, “The petition raises the issue as regards the interpretation of Clause (2), more particularly when criminal proceedings would be construed to have been instituted in terms of the governing provisions of law”.
The woman filed a police complaint in May alleging Ananda Bose called her on April 24 and May 2 under the pretext of offering her a job and sexually harassed her at Raj Bhavan. Later in May, the Calcutta High Court stayed proceedings in a First Information Report against the Officer on Special Duty (OSD-II) to the Bengal Governor. The OSD-II was accused of restraining and pressuring the victim to refrain from filing a sexual harassment complaint against the governor.