Does Article 361 Bar Investigation Against Governor? Supreme Court Seeks AG's Assistance On WB Governor's Immunity In Molestation Case

The Supreme Court on Friday sought the assistance of the Attorney General for India in a petition filed by a former woman employee of West Bengal Raj Bhavan challenging the immunity claimed by the State's Governor CV Ananda Bose against the investigation in the molestation complaint levelled by the woman against the Governor.The petitioner contended that the immunity granted. The Supreme Court on Friday sought the assistance of the Attorney General for India in a petition filed by a former woman employee of West Bengal Raj Bhavan challenging the immunity claimed by the State's Governor CV Ananda Bose against the investigation in the molestation complaint levelled by the woman against the Governor. Issuing notice in the petition, the bench observed : "The petition raises the issue pertaining to the ambit of the protection which is afforded to the Governor under clause of Article 361 of the Constitution, according to which "no criminal proceedings whatsoever shall be prosecuted or continued against the Governor of the State in any court during his term of office". The following reliefs have been sought in the petition : a) Issue writ/writs including a writ in the nature of Mandamus or any other appropriate writ, order or direction, to the State of West Bengal through Director General of Police to provide protection and security to the Petitioner and her family; b) Issue writ/writs including a writ in the nature of Mandamus or any other appropriate writ, order or direction, directing the State of West Bengal to compensate the Petitioner for loss of reputation and dignity suffered by the Petitioner and her family due to the failure of the State machinery in protecting the identity of the victim; c) Issue writ/writs including a writ in the nature of Mandamus or any other appropriate writ, mandating the State of West Bengal through State Police machinery to carry out investigation, including right of the State Police to record the statement of the Hon'ble Governor by the police in connection with investigation of a crime, if it is so essential; d) Frame guidelines and qualification to the extent the immunity given under Article 361 can be exercised by the office of Hon'ble Governor Case Details : XXX Versus THE STATE OF WEST BENGAL W.P.