Supreme Court asks Attorney General to assist in case against WB Governor over alleged sexual harassment

The Supreme Court on Friday issued notice to the West Bengal and Central governments on a plea filed by a woman seeking action against West Bengal Governor CV Ananda Bose for allegedly sexually harassing her. .A Bench of Chief Justice of India DY Chandrachud with Justices JB Pardiwala and Manoj Misra also requested the Attorney General for India, R Venkataramani, to assist the Court in dealing with the woman's petition."The plea raises questions pertaining to the ambit concerning protection granted to Governor under Article 361 (no criminal proceedings shall be constituted or continued against Governor of a State during his term of office). The plea raises the issues regarding when criminal proceedings would be constituted to have commenced. Liberty to implead the Union as a party. Notice issued. We request Attorney General for India to assist the court," the Court said. .The Bench was hearing a plea by a woman staff member of the West Bengal Raj Bhawan, who has alleged that she was sexually harassed by the State's Governor CV Ananda Bose.The woman has claimed that the Governor called her on April 24 and May 2 on the false pretext of offering a better job only to sexually harass within the premises of Raj Bhavan during working hours.She has called upon the top court to decide whether sexual harassment and molestation form part of discharging or performing duties by the Governor, so as to grant him any blanket immunity under Article 361 of the Constitution.The plea has further sought a thorough investigation into the case by the West Bengal police and protection and compensation for the trauma suffered by her..Representing the woman employee today, Senior Advocate Shyam Divan told the Supreme Court that it cannot be a matter where no probe is conducted at all (on account of the Governor's immunity)"Evidence has to be gathered now and it cannot be deferred indefinitely," he added.The Court, in turn, asked whether the Central government has been impleaded as a party to the case. Divan replied that this could be done. The Court then proceeded to issue notice in the matter..The controversy over the sexual harassment allegations against the Governor had heightened after West Bengal Chief Minister Mamata Banerjee issued a statement that women no longer felt safe to enter the Raj Bhavan in West Bengal.The statement was challenged by the Governor in a defamation case before the Calcutta High Court. On July 15, the High Court passed an interim injunction order restraining Banerjee, two elected members of the West Bengal State Legislative Assembly and a leader of the All India Trinamool Congress (TMC) from making any defamatory comments against Bose.Mamata Banerjee has now challenged this interim restraining order before a Division Bench of the Calcutta High Court. This appeal is yet to be heard.Earlier in May, the Calcutta High Court stayed proceedings in a First Information Report (FIR) lodged against an Officer on Special Duty (OSD-II) to the Governor. The said FIR had been lodged on allegations that the officer had pressurised the victim to refrain from lodging any complaint over the alleged sexual harassment incidents.