NEW DELHI: For the primary time, Supreme Court docket will take a look at the constitutional validity of immunity from legal proceedings accorded to the President and governors.
On Friday, it entertained the plea of an girl ex-employee of Kolkata Raj Bhavan who mentioned the constitutional provision (Article 361) had prevented police from probing her cost of sexual harassment towards Bengal governor C V Ananda Bose.
“How can police and courts be silent on a criminal offense dedicated by a governor that violated the proper to dignity, self-respect and security of an worker assured beneath Article 21 of the Structure?” requested Shyam Divan, counsel for the lady, main SC to look into the problem.
SC asks girl’s lawyer to make Centre occasion to plea towards guv
Divan, counsel for the lady, mentioned as a substitute of inquiring into the intense ‘incident’, police have remained inactive due to the governor’s immunity from legal proceedings. “When a critical legal offence is alleged, police equipment should transfer with alacrity to assemble proof, which in any other case could also be obliterated with passage of time and the constitutional submit holder might affect witnesses,” he mentioned.
A bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued discover to West Bengal govt, sought help of lawyer common R Venkataramani to adjudicate this advanced constitutional query and requested Divan to make Centre a celebration to the petition the place the lady mentioned whereas she was left with out treatment, the governor is giving statements ridiculing her and trashing her allegations as politically motivated.
It posted the matter for listening to after three weeks.
Clauses 2 and three of Article 361 of the Structure gives, “No legal proceedings in anyway shall be instituted or continued towards the President, or the governor of a state, in any court docket throughout his time period of workplace; and, no course of for the arrest or imprisonment of the President, or the governor of a state, shall concern from any court docket throughout his time period of workplace.”
The petitioner, who has a masters in laptop purposes and was working in Raj Bhavan’s EPABX division, via her advocate on file Udayaditya Banerjee mentioned SC should resolve whether or not the immunity conferred on the President and governors could possibly be unfettered and absolute, a privilege that’s conferred on none as all are ruled by the rule of legislation.
“Whereas a civil swimsuit towards the governor will be instituted after two months of a discover in writing is served on the governor, no such timeline is prescribed for legal proceedings, which once more renders the petitioner remediless,” the petition mentioned.
“The incident ensuing within the current case arises out of two main situations that happened on April 24 and Might 2 this 12 months, when the Bengal governor referred to as upon her on a false pretext of providing her a greater job solely to sexually harass her, inside the premises of Raj Bhavan throughout working hours,” the petition alleged.
Giving particulars of the alleged sexual harassment and molestation within the petition, she mentioned whereas no motion was taken by police to analyze her grievance, the governor has been giving statements to media terming her as a political software.
On Friday, it entertained the plea of an girl ex-employee of Kolkata Raj Bhavan who mentioned the constitutional provision (Article 361) had prevented police from probing her cost of sexual harassment towards Bengal governor C V Ananda Bose.
“How can police and courts be silent on a criminal offense dedicated by a governor that violated the proper to dignity, self-respect and security of an worker assured beneath Article 21 of the Structure?” requested Shyam Divan, counsel for the lady, main SC to look into the problem.
SC asks girl’s lawyer to make Centre occasion to plea towards guv
Divan, counsel for the lady, mentioned as a substitute of inquiring into the intense ‘incident’, police have remained inactive due to the governor’s immunity from legal proceedings. “When a critical legal offence is alleged, police equipment should transfer with alacrity to assemble proof, which in any other case could also be obliterated with passage of time and the constitutional submit holder might affect witnesses,” he mentioned.
A bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued discover to West Bengal govt, sought help of lawyer common R Venkataramani to adjudicate this advanced constitutional query and requested Divan to make Centre a celebration to the petition the place the lady mentioned whereas she was left with out treatment, the governor is giving statements ridiculing her and trashing her allegations as politically motivated.
It posted the matter for listening to after three weeks.
Clauses 2 and three of Article 361 of the Structure gives, “No legal proceedings in anyway shall be instituted or continued towards the President, or the governor of a state, in any court docket throughout his time period of workplace; and, no course of for the arrest or imprisonment of the President, or the governor of a state, shall concern from any court docket throughout his time period of workplace.”
The petitioner, who has a masters in laptop purposes and was working in Raj Bhavan’s EPABX division, via her advocate on file Udayaditya Banerjee mentioned SC should resolve whether or not the immunity conferred on the President and governors could possibly be unfettered and absolute, a privilege that’s conferred on none as all are ruled by the rule of legislation.
“Whereas a civil swimsuit towards the governor will be instituted after two months of a discover in writing is served on the governor, no such timeline is prescribed for legal proceedings, which once more renders the petitioner remediless,” the petition mentioned.
“The incident ensuing within the current case arises out of two main situations that happened on April 24 and Might 2 this 12 months, when the Bengal governor referred to as upon her on a false pretext of providing her a greater job solely to sexually harass her, inside the premises of Raj Bhavan throughout working hours,” the petition alleged.
Giving particulars of the alleged sexual harassment and molestation within the petition, she mentioned whereas no motion was taken by police to analyze her grievance, the governor has been giving statements to media terming her as a political software.
