Bengal Governor C V Ananda Bose on Sunday wrote to Raj Bhavan staff and asked them to ignore any communication from the police regarding molestation charges levelled against him. He also told the Raj Bhavan staff that no criminal proceedings can be instituted against a Governor during their term of office.
The move came a day after the Kolkata Police formed a special enquiry team (SET) to investigate the sexual harassment allegations levelled against Bose by a contractual woman employee at the Raj Bhavan.
Sources in the Kolkata Police said that the special team led by Deputy Commissioner (Central) Indira Mukherjee has started making inquiries into the incident. The special team comprises eight senior police officers.
The woman employee had on Friday lodged a written complaint with the Kolkata Police alleging molestation by the West Bengal Governor in the Raj Bhavan. The Governor had then described the allegations as “absurd drama”, and said that none would be able to deter him from his “determined efforts to expose corruption and curb violence”.
In the Sunday letter to the Raj Bhavan staff, Governor Bose said, “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. 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.”
According to Article 361 (2) of the Constitution, no criminal proceedings can be instituted or continued against the President, or the Governor of a state, in any court during their term of office.
Bose further wrote, “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.
“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.”
“In the circumstances, all staff/ employees including part-time, temporary, DRW (Daily Rated Workers) or those engaged 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…” wrote Governor Bose.
Three Raj Bhavan officials and a Kolkata Police personnel posted at the Governor House were summoned in connection to the molestation case by officers of Hare Street Police Station on Saturday. “None of the Raj Bhavan officials turned up for inquiry, and only the policeman attended. We will request them to come to the Hare Street Police Station again on Monday,” a police officer had said on Saturday.