The provision of exemption of governors from criminal prosecution will be reviewed, Supreme Court is ready

New Delhi : The Supreme Court has agreed to review the provisions of Article 361 of the Constitution that provides ‘complete immunity’ to governors from any kind of criminal prosecution. The apex court has given this order on the petition of a woman employee working on contract in West Bengal Raj Bhavan, who has accused Governor C.V. Anand Bose of molesting her and keeping her hostage by the officials in wrongful confinement. A bench headed by Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Mishra also issued notice to the West Bengal government on the petition of the woman of West Bengal Raj Bhavan and allowed the petitioner to make the central government a party as well.

The apex court asked Attorney General R. Venkataramani to assist in dealing with the matter.

The woman’s name has been removed from the judicial records. Senior advocate Shyam Divan, appearing for the woman, said at the beginning of the hearing, “It is not possible that there is no investigation. Evidence must be collected now. It cannot be postponed indefinitely until the governor leaves office.”

The petition said that the immunity given to governors under Clause 2 of Article 361 cannot bar investigation and in any case, time is of the essence in investigating such cases.

Issuing notice to the state government and others, the bench said in its order, “The petition raises an issue regarding the scope of protection given to the Governor under clause (2) of Article 361 of the Constitution.”

This article deals with the protection of the President and Governors. Its clause two says- ‘No criminal proceedings shall be instituted or continued in any court against the President or the Governor of a State during his/her term of office.’

The woman petitioner has requested to direct the Governors to frame specific guidelines regarding granting immunity from criminal prosecution.

“This court has to decide whether a victim like the petitioner has no recourse to get relief when the only option is to wait till the accused steps down and such delay in the hearing would be unreasonable and the entire process would turn into a mere sham and no justice would be provided to the victim,” the petition said.

The petition also urged the West Bengal Police to investigate the matter, provide security to the woman and her family, and seek compensation from the government for the damage caused to her reputation.

The woman employee of Raj Bhavan had lodged a complaint with the Kolkata Police that Bose had molested her at the Governor’s residence on April 24 and May 2.