Calcutta HC restrains CM Mamata from making derogatory remarks against Governor
Jul 16, 2024
Kolkata (West Bengal) [India], July 16 : The Calcutta High Court on Tuesday restrained West Bengal Chief Minister Mamata Banerjee from making derogatory statements against Governor CV Ananda Bose.
The interim order was passed by Justice Krishna Rao, and the matter will be heard again on August 14.
Governor Bose has filed a defamation suit against CM Banerjee and three others.
CM Mamata Banerjee had made a statement over a woman staff member of the West Bengal Raj Bhawan, who had alleged sexual harassment by Governor CV Ananda Bose.
The court said that the Governor is a "Constitutional Authority" and cannot meet the personal attacks being made by CM Mamata by using social media platforms.
"This court if of the view that in appropriate cases where the court is of the view that the statements have been made in a reckless manner in order to cause injury to the reputation of the plaintiff, the court would be justified in granting an injunction. If at this stage, an interim order is not granted, it would give the defendants free hands to continue making defamatory statements against the plaintiff and continue to tarnish the reputation of the plaintiff," the order said.
The court also mentioned that if an interim order is not granted, the governor will "suffer irreparable loss and injury to his reputation."
"In view of the above, the defendants are restrained from making any defamatory or incorrect statement against the plaintiff by way of publication and on social platform till August 14," the order read.
Meanwhile, the woman staff member of the West Bengal Raj Bhawan, who had alleged sexual harassment by Governor CV Ananda Bose, has approached the Supreme Court challenging the immunity granted to the Governor under Article 361 of the Constitution.
She has asked the apex court to decide "whether sexual harassment and molestation form part of discharging or performing duties by the Governor", 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 inexplicable during the trial, and render the entire procedure a mere lip service, without any justice to the victim herein," the plea stated.
She claimed such immunity cannot be absolute and asked the top court to frame guidelines and qualifications to the extent of immunity enjoyed by the office of the Governor.
