Guv defamation case: Mamata argues nothing defamatory in her comment

PTI, Kolkata, Jul 15, 2024 :  West Bengal Chief Minister Mamata Banerjee firmly stood by her statement that women had expressed fear about visiting the Raj Bhavan here, opposing a plea before the Calcutta High Court by Governor CV Ananda Bose for an interim order related to a defamation suit he filed against the CM and other TMC leaders.

    

Bose, represented by his lawyer, sought to restrain Banerjee, two newly elected MLAs and another TMC leader from making further comments in connection with alleged incidents at Raj Bhavan.

    

In response, Banerjee's counsel SN Mookherjee argued before Justice Krishna Rao that her remarks were a fair comment on issues of public interest and not defamatory.

    

Standing by her earlier comment, Banerjee’s lawyer submitted that she merely echoed apprehensions of women over certain alleged activities in Raj Bhavan.

    

The counsel said he was ready to state on affidavit the names of women who expressed such apprehensions.

On May 2, a contractual woman employee of Raj Bhavan had made an allegation of molestation against Bose, following which the Kolkata Police started an enquiry.

    

Under Article 361 of the Constitution, no criminal proceedings can be instituted against a governor during his/her term in office.

Appearing for Bose, counsel Dhiraj Trivedi submitted that the issue started with the Governor inviting the two newly elected TMC MLAs - Sayantika Banerjee and Reyat Hossain Sarkar - to take oath at the Raj Bhavan. 

Stating that they had written to him seeking to take oath at the Assembly from the Speaker of the House or the Governor himself, he submitted that it did not mention any apprehension or fear as allegedly suggested later.

Apart from the Chief Minister, Bose has filed the defamation suit against the two MLAs and TMC leader Kunal Ghosh. 

The Chief Minister's counsel claimed that the application is not maintainable and also that the court of Justice Rao does not have jurisdiction to hear the matter. 

Mookherjee said that her statement about the delay in oath-taking of the two MLAs over the impasse as to where they would take the oath was also not defamatory.