बंगाल गवर्नर को हैरेसमेंट केस में राजभवन से क्लीन चिट: महिला कर्मचारी के आरोपों को निराधार बताया; TMC ने पूछा- अपने खिलाफ खुद जांच कैसे करवाई

A female employee of the Raj Bhavan had filed a case of harassment against the Governor on May 2.

Raj Bhavan has given a clean chit to Bengal Governor CV Anand Bose in the harassment case. Raj Bhavan termed the allegations of a female employee working there against the Governor as baseless. Raj Bhavan had got the allegations against the Governor investigated by a retired judge of Puducherry.

According to news agency PTI, the report came out on Saturday (July 20). It said that investigation of the testimony of eyewitnesses and people present nearby shows that the behavior, timing and strategy of the complainant raise suspicion. The allegations of the women and the way they made them are under suspicion.

The report said, ‘On the day of the incident on May 2, 2024, Prime Minister Modi was on a visit to the Raj Bhavan. The Special Protection Group (SPG) had already taken charge of security at the Raj Bhavan for his visit. In such a situation, it seems impossible that the Governor would choose that day to molest the woman.’

According to the report, ‘Other female employees of the Raj Bhavan testified that the Governor never misbehaved with them. Therefore, the allegations against the Governor raise suspicion. There may be a sinister motive behind these allegations.’

TMC said- a comedy serial is going on in Raj Bhavan
On the other hand, CM Mamata Banerjee’s Trinamool Congress (TMC) has raised questions on the Raj Bhavan’s investigation report. TMC leader Kunal Ghosh has said that a comedy serial is going on inside the Raj Bhavan. How can the Bengal Governor get an investigation done against himself? That too by someone who is his acquaintance. Is this a comedy?

Kunal Ghosh said that if he is innocent then he should say that he will not misuse Article 361 and is ready to face investigation. We are waiting for what the Supreme Court says about Article 361.

Supreme Court ready to investigate the immunity given to governors from criminal prosecution
Meanwhile, the Supreme Court on Friday (July 19) agreed to examine the contours of Article 361 of the Constitution. Article 361 gives governors complete immunity from any type of criminal prosecution.

Actually, a female contract employee of Raj Bhavan had accused the Governor of molestation. The woman had given a written complaint against the Governor at Hare Street Police Station on May 2. She alleged that she had gone to the Governor on March 24 with a request for a permanent job. Then the Governor misbehaved with her.

When the same thing happened again on May 2, she took a complaint to the police officer posted outside the Raj Bhavan. However, due to constitutional provisions, no case was registered against her. After this, the woman employee demanded a judicial investigation of Article 361 which gives immunity to the Governor.

Supreme Court’s direction- make the center a party too
CJI DY Chandrachud’s bench has sought help from Attorney General R Venkataramani in this matter. A notice has also been issued to the West Bengal government. The Supreme Court has asked the petitioner woman employee to make the Centre a party in her petition.

In her petition, the woman has asked the West Bengal Police to investigate the matter and provide security to the victim and her family, along with compensation from the government for the damage caused to her reputation.

What is Article 361
Article 361 of the Indian Constitution gives the President and Governors complete immunity from criminal prosecution during their tenure. Any civil proceedings against the President and Governors can be initiated only after two months’ prior notice. If a criminal case has been registered against them before they become President or Governor, then further such cases are also barred as long as they hold office.

Article 361 (2): No criminal proceedings shall be commenced or continued in any court against the President or the Governor of a State during his term of office.

Article 361 (3): No procedure for the arrest or imprisonment of the President or the Governor of a State shall be instituted during his term of office.

Those occasions when allegations were made against the Governor but no action was taken while he was in office

First time: When former Andhra Pradesh governor ND Tiwari was caught in a sex CD
In 2009, a Telugu channel aired a video clip of the then Governor of Andhra Pradesh ND Tiwari. In this video, the Governor was seen in an objectionable position with three women.

That video clip was broadcast by a Telugu channel. The Hyderabad High Court immediately banned the broadcast of this video clip. At that time, many women’s organizations had demanded action against Tiwari.

After ND Tiwari’s involvement in the sex scandal, opposition parties and many women organizations had demanded action against him.

No action was taken against him due to Article 361. The politics of this CD took such a turn that the Governor resigned from his post the same evening citing ill health.

Second chance: When Rajasthan Governor Kalyan Singh got immunity from charges
In 2017, the Supreme Court allowed investigation into fresh charges against BJP leaders LK Advani, Uma Bharti, Murli Manohar Joshi in the 1992 Babri Masjid demolition case.

Kalyan Singh was also involved in the demolition of Babri Masjid, but when the case was tried in 2017, he was exempted under Article 361.

Uttar Pradesh Chief Minister Kalyan Singh was also accused in the Babri Masjid demolition case, but in 2017 he was the Governor of Rajasthan, so no charges were framed against him nor a case was filed.

Third occasion: When no action was taken against the Governor of Meghalaya
In 2017, similar complaints were made against the then Governor of Meghalaya V Shanmuganathan. Then more than 80 employees of the Raj Bhavan wrote a 5-page complaint to the Prime Minister and the President. They alleged that the Governor has selected only women for the work of the Raj Bhavan and in a way the Raj Bhavan has been made a ‘Young Ladies Club’.

In the same year, a woman had also accused him of molestation. However, Shanmuganathan had denied the allegations against him. In this case too, no legal action could be taken against the Governor. The then Chief Minister Mukul Sangma had demanded the Prime Minister and the Home Minister to take a decision on this.

Just two days after being surrounded by these allegations, Shanmuganathan resigned from the post of Governor.

Read this news also…

High Court stops Mamta from making derogatory remarks against Governor

The Calcutta High Court has banned West Bengal CM Mamata Banerjee and three others from making objectionable comments against Governor CV Anand Bose. The court said that the right to freedom of expression is not arbitrary. One cannot tarnish a person’s reputation by making derogatory statements under the guise of freedom of speech. Justice Krishna Rao said in his order on July 16 that till August 14, no derogatory or false statements will be made against the governor through any publication or social media platforms. Read full news…