(MENAFN- AsiaNet News) Kolkata: The police have intensified their investigation into the sexual harassment complaint against West Bengal Governor CV Ananda Bose. Raj Bhavan officials were instructed to appear again, with a directive for Bose to appear today. Additionally, a statement was obtained from the police officer who was present at the police outpost. At the same time, the complainant said that she was ready for a polygraph. The complainant alleged that the Governor misused the protection of the Constitution to harass her and portray her negatively in society.
An employee at the Raj Bhavan in Kolkata accused Bose of molestation last Thursday. The incident coincided with Prime Minister Narendra Modi's visit to the governor's residence, sparking a significant political controversy.
Meanwhile, Bose on Sunday (May 05) wrote to Raj Bhavan staff and asked them to ignore any communication from the police regarding molestation charges levelled against him. He also informed the Raj Bhavan staff that no criminal proceedings can be initiated 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 him.
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 initiated 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.”
According to a police officer familiar with the details, the woman, a contractual staffer at the Raj Bhavan, alleged that the governor molested her on at least two occasions in his chamber since April 24.
The woman arrived at the police outpost on the Raj Bhavan premises on Thursday evening, tearfully alleging that the Governor molested her after summoning her to his chamber under the guise of offering her a permanent job. She stated that the first instance of molestation occurred on April 24. On Thursday, she brought her supervisor along, but the governor insisted the supervisor leave before molesting her again.
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