Calcutta HC orders interim stay on any derogatory comment against West Bengal Governor

Kolkata, July 16: The Calcutta High Court, hearing the defamation suit filed by West Bengal Governor C.V. Ananda Bose against Chief Minister Mamata Banerjee, has ordered an interim stay on any kind of derogatory remarks about the Governor.

As the single-judge bench of Justice Krishna Rao heard the defamation suit on Monday, the Governor’s counsel appealed for a stay, restraining all concerned from making any derogatory comment on the matter till the time the hearing in the matter is completed. The judge then reserved his decision in the matter.

On Tuesday, the bench released its order of an interim stay till August 14, while the hearing on the defamation suit will continue.

In the order, uploaded on the website of Calcutta High Court on Tuesday evening, Justice Rao also made some strong observations.

"The court is 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 free hand to the defendants to continue making defamatory statements against the plaintiff and continue to tarnish the reputation of the plaintiff," it read.

In the order, it has also been observed that since the plaintiff, the Governor is a constitutional authority, and since the allegations made against the plaintiff are pending before the appropriate authority, the court finds that the "balance of convenience" is in his favour.

"In view of the above, the defendants are restrained from making any defamatory statement or incorrect statement against the plaintiff by way of publication or social platforms till 14th August, 2024," the order read.

The defamation suit has been filed over some comments made by the Chief Minister recently while expressing displeasure over the confusion regarding the oath-taking ceremony of the two newly elected MLAs. She had backed their decision not to accept the Governor’s invitation to go to Raj Bhavan for the oath ceremony.

"Why will the two newly-elected MLAs go to the Raj Bhavan? As it is, after what has happened at Raj Bhavan, women are scared to go there. I have received complaints," Banerjee had said.

On May 2, a contractual woman employee of the Raj Bhavan had made an allegation of molestation against Governor Bose, following which the Kolkata Police started an enquiry. However, under Article 361 of the Constitution, no criminal proceedings can be instituted against a Governor during his/her term in office.