Bengal Guv asks staff to ignore police enquiries in sexual harassment case |
Marking a decisive stage in the ongoing tussle between Governors and the Governments in some States, the Governor of Bengal has thrown down the gauntlet to the State police, asking the Raj Bhavan staff to refuse any enquiry from the cops in the sexual harassment case filed by a woman employee against him.
COMMENT: In many a case complaints can be frivolous, made under certain circumstances. So it is more in the interest of the accused that there is an investigation to clear his name. Denial may only mean acceptance of the guilt. Besides, quoting Constitutional immunity in sexual harassment cases is nothing short of a vulgarity of the feudal landlord. Nobody is above the law.
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KOLKATA, May 5: Bengal Governor CV Ananda Bose on Sunday asked the Raj
Bhavan staff to ignore any summons from the police in connection with a complaint
of sexual harassment filed against him at the police station by a woman employee.
The directive issued to all the staff, also posted on X, read,"It is clear
that in view of Article 361 (2) and (3) of the Constitution of India, the State
police cannot act in any manner whatsoever to inquire/investigate/set in motion
any kind of proceedings against the hon'ble Governor...No process for the arrest
or imprisonment...shall issue from any court during his term of office.
"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 Raj
Bhavan. It is also reported that the investigating team intends to collect the
CCTV footage from Raj Bhavan.
"The question that arises is whether the police can conduct an inquiry and
collect evidence in view of the immunity enjoyed by the Governor....," the Governor
added in the post.
“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.
“In the circumstances, all staff/ employees including part-time, temporary,
DRW (Daily Rated Workers) or those engaged in Raj Bhavan in any manner are hereby
directed to ignore any communication from the police in this respect and refrain
from giving any statement online, offline, in person, over phone or in any other
manner…” wrote the Governor.
After setting iup an SIT, the Kolkata police had on Friday said in response
to the contractual woman employee's complaint made at the police station on
Thursday that they will talk to witnesses and staff in the Raj Bhavan.
The special team led by Deputy Commissioner (Central) Indira Mukherjee has
started making inquiries into the incident. The special team comprises eight
senior police officers.
Three Raj Bhavan officials and a policeman posted at the Raj Bhavan were summoned
by officers of Hare Street Police Station on Saturday. But none of the three
officials turned up. Only the policeman came.
Modi's stay at Raj Bhavan
Meanwhile, Chief Minister Mamata Banerjee told an election rally in Purba Bardhaman
on Friday, "Yesterday, a young woman who worked at Raj Bhavan came out and spoke
against the Governor's harassment. The tears of the woman broke my heart. I
have seen her video testimony ... she was too scared to work at Raj Bhavan anymore.
She said that she was called at odd hours and was subjected to harassment. And
these are the people who talk about the dignity of our mothers and sisters."
The woman employee had lodged the police complaint on Thursday just before
Prime Minister Narendra Modi was scheduled to visit the Raj Bhavan and stay
there for a two-day poll campaign in the State.
TAILPIECE: Quoting the Constitution, the Guv talks of immunity
from any criminal proceedings, but that is about any violations in the discharge
of official duties. It is simple commonsense that no Constitution on this earth
can protect a rapist, and if it does it is not a Constitution. The fact is that
at the end of the concerned Article 361 it is clearly stated that the citizen's
rights cannot be trampled upon in any way.
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