New Delhi: A woman who accused West Bengal Governor CV Ananda Bose of sexual harassment has moved the Supreme Court, challenging the immunity from criminal proceedings claimed by the governor under Article 361 of the Constitution, as reported by Live Law.
Article 361 provides that the president or a governor is not answerable to any court for the exercise of the powers and duties of their office. Additionally, it states that criminal proceedings cannot be initiated or continued against the president or governor during their term of office.
The petitioner, a former contractual employee at the Raj Bhavan in Kolkata, has requested the Supreme Court to determine whether "sexual harassment and molestation form part of discharging or performing duties" by the governor to claim immunity, according to Bar and Bench.
“This court has to decide whether a victim like the petitioner can be rendered remediless, with the only option being to wait for the accused to demit his office, which delay will then be inexplicable during the trial, and render the entire procedure a mere lip service, without any justice to the victim herein,” the petition stated.
The petitioner is seeking a thorough investigation by the West Bengal Police and has also requested guidelines regarding the immunity enjoyed by governors under Article 361. Additionally, she has asked for protection for herself and her family, and compensation for loss of reputation, according to Live Law.
The woman accused Governor Bose of inappropriately touching her on April 24 and May 2. In her complaint letter to the Raj Bhavan’s officer-in-charge, she stated, “[Bose] touched some parts of my body forcefully. Even after he sensed that I was feeling uncomfortable, he forced himself again.” She further claimed that Bose made indecent proposals to her.
She also alleged that Officer on Special Duty Sandeep Rajput tried to prevent her from speaking out about the incidents. “[Rajput] snatched my mobile, tried to confine me in one room, and told the staff not to help me,” she said, adding that Rajput threatened other employees not to cooperate with the police investigation.
On May 7, she told The Print that the governor was "hiding behind his immunity" and "threatening" his staff not to speak up about the allegations. The Kolkata Police subsequently filed a first information report against three Raj Bhavan staffers, including the officer on special duty.
On May 24, the Calcutta High Court stayed the proceedings in the case. The single-judge bench of Justice Amrita Sinha observed that Singh had already been granted bail and that the investigation against him was in its preliminary stages.
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Mumbai (PTI): Ryan Rickelton's whirlwind unbeaten ton was overshadowed by Heinrich Klaasen's unbeaten 65 as Sunrisers Hyderabad defeated Mumbai Indians by six wickets in an IPL match here on Wednesday.
Chasing an imposing 244-run target, Travis Head (76 off 30) and Abhishek Sharma (45 off 24) shared 129 runs for the opening wicket to set the platform for SRH.
Klaasen (65 not out off 30 balls) then displayed his all-round hitting abilities to guide SRH home with the help of Nitish Kumar Reddy (21) and Salil Arora (30 not out off 10) in 18.4 overs.
Earlier, Rickelton's knock powered MI to 243 for five.
MI rode on a 93-run stand between Rickelton (123 not out off 55 balls) and Will Jacks (46 off 22) in 7.1 overs for the opening stand to power the side.
MI skipper Hardik Pandya scored a valuable 31 off 15 balls before being dismissed.
Praful Hinge (2/54), Eshan Malinga (1/29), Sakib Hasan (1/39) and Nitish Kumar Reddy (1/31) were the wicket-takers for SRH.
Brief Scores:
Mumbai Indian: 243 for 5 in 20 overs (Ryan Rickelton 123 not out; Praful Hinge 2/54).
Sunrisers Hyderabad: 249 for 4 in 18.4 overs (Travis Head 76, Heinrich Klaasen 65 not out; AM Ghazanfar 2/51).
