New Delhi, 19 July 2024 - The Supreme Court of India has initiated proceedings on a significant writ petition (Criminal No. 295/2024) concerning the extent of immunity granted to state governors under Article 361(2) of the Indian Constitution. The petition, brought forth by the petitioner XXX, questions the scope of protections provided to state governors, particularly in the context of criminal investigations.
Hearing Details
The matter was listed before a bench comprising the Hon'ble Chief Justice, Hon'ble Mr. Justice J.B. Pardiwala, and Hon'ble Mr. Justice Manoj Misra. Representing the petitioner, Senior Advocate Mr. Shyam Divan emphasized the necessity to delineate the ambit of Article 361(2) which states, “no criminal proceedings whatsoever shall be instituted or continued against the ... Governor of a State, in any court during his term of office.”
Key Reliefs Sought
The petitioner's counsel focused on two primary reliefs:
Court's Interim Directions
The Supreme Court granted liberty to implead the Union of India as a party to the proceedings, mandating an amendment to be carried out on the same day. Additionally, notice has been issued, with a returnable date in three weeks. Ms. Astha Sharma, counsel for the State of West Bengal, accepted the notice on behalf of the state.
Next Steps
The Supreme Court has requested the Attorney General for India to assist the court in this matter, recognizing the constitutional importance of the issues raised. The petition is scheduled for further hearing on 12 August 2024.
This case holds significant implications for the interpretation of constitutional protections afforded to high-ranking state officials and could set a precedent for the conduct of criminal investigations involving sitting governors. The legal community and political observers alike await the forthcoming deliberations with keen interest.
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TAGS: Supreme Court India Article 361 Governor immunity criminal investigation writ petition West Bengal Shyam Divan constitutional protection Attorney General August 12 2024.
