West Bengal Governor tells Raj Bhavan staff to ignore any communication from Kolkata Police

Kerala CM, family leave for three-nation private tour

West Bengal Governor CV Ananda Bose asked the Raj Bhavan staff to ignore any communication from the police regarding molestation charges levelled against him.

In a letter written on Sunday to the Raj Bhavan staff members, Governor Ananda Bose reportedly informed the Raj Bhavan staff that no criminal proceedings can be initiated against Governors during their term of office.

The move comes a day after the Kolkata Police formed a special enquiry team (SET) to investigate the sexual harassment allegations levelled against him.

“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 Governor said in the letter.

“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 Article 361(2) and (3) of the Constitution of India,” the Governor added in the letter

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.

“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,” the Governor wrote in the letter

“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,” the Governor adds in his letter.