Bengal Governor C V Ananda Bose wrote to Raj Bhavan staff asking them to ignore any summons from the police regarding molestation charges levelled against him.
Bose also claimed that the staff that no criminal proceedings can be instituted against a Governor during their term of office.
Bose in the letter stated, “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.”
The directive, shared on the official handle of Raj Bhavan directed the staff members not to make any statements online, offline, in person, over the phone, or through any other means regarding the ongoing investigation.
This comes a day after the West Bengal 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.
However, Bose 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”.
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 Article 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," it read.
“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.