The petitioner employee 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 a blanket immunity under Article 361 of the Constitution.
“This court has to decide whether a victim like the Petitioner can be rendered remediless, with the only option being to wait for the accused to demit his office, which delay will then be inexplainable during the trial, and render the entire procedure a mere lip service, without any justice to the victim herein,” the plea said.
The plea has also sought a thorough investigation into the case by West Bengal police and also prayed for guidelines to be framed with respect to the immunity enjoyed by Governor under Article 361 of the Constitution.
As per the petitioner, a civil suit against the Governor of a State can be instituted after serving a notice of two months in writing to the Governor, but no such timeline is prescribed for criminal proceedings, which again renders the petitioner remediless.
Source: Barandbench
