Calcutta HC restrains CM Mamata from making defamatory statements against Guv

The Calcutta high court on Tuesday restrained West Bengal chief minister Mamata Banerjee from making any defamatory statements against Governor CV Ananda Bose till August 14.

“The defendants are restrained from making any defamatory or incorrect statement against the plaintiff by way of publication and on social platforms till August 14, 2024,” stated the order passed by a bench of Justice Krishna Rao.

The Calcutta high court had admitted a defamation suit filed by Bose against Banerjee for making allegedly defamatory remarks against him in connection with recent allegations of sexual harassment against him.

“If at this stage, an interim order is not granted it would give the free hands to the defendants to continue making defamatory statements against the plaintiff and continue to tarnish the reputation of the plaintiff,” the order stated.

The bench also stated that the governor is a Constitutional authority and was unable to counter the personal attacks being made by the defendants, which include the chief minister, Trinamool Congress (TMC) legislators Sayantika Banerjee and Reyat Hossain Sarkar and TMC leader Kunal Ghosh.

The governor filed the defamation suit after the chief minister allegedly said that she had been informed by women that they did not feel safe visiting the Raj Bhavan due to recent allegations of sexual harassment against the governor by a former Raj Bhavan employee.

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 of India, no criminal proceedings can be instituted against a governor during his/her term in office.

Senior advocate SN Mookherjee, representing Banerjee, had argued before Justice Krishna Rao that her remarks were a fair comment on issues of public interest and not defamatory. Mookherjee also defended the chief minister’s comments, saying they merely echoed the apprehensions of women over certain alleged activities at the Raj Bhavan in Kolkata.

“Truth will triumph. We shall pray God throws light on the path of Mamata Banerjee. I dedicate myself and the service for the people of Bengal,” Bose said in a recorded statement issued by Raj Bhavan on Tuesday.

The bench ordered that affidavits have to be filed within two weeks and the matter would be heard again on August 14.