"I welcome judgement": Governor Bose on HC's order over defamation case filed against CM Mamata

In an exclusive interview with ANI, CV Ananda Bose said, "In all humility, I welcome the judgement. I have tried to give maximum regard & respect to Mamata Banerjee, treating her as my esteemed constitutional colleague. The remarks that she made about me were not expected at all from here. I will only request everyone to stop this politics of hatred. Mutual respect is better. If there is an acrimonious relationship between the constitutional authorities--the Chief Minister and Governor, the people are going to suffer. I want to request to take a que from the order of the High Court. Stop the politics. The truth will thrive."

Meanwhile, Sanjay Basu, lawyer of West Bengal CM, said on her behalf that the High Court has found that the allegations against the Governor are in the public domain and lodging of a criminal complaint against the plaintiff is pending before the Court of law for adjudication.

"The Court has not arrived at any finding or conclusion that the statements challenged in the suit were defamatory or incorrect. Chief Minister has merely alluded to the apprehensions of numerous women who have approached her. She has a right to freedom of speech that is guaranteed under Article 19 of the Constitution of India. She is responsible for the safety and security of women of the State and, in any case, she stands against any gender injustice," said Basu.

Adding to it further, he stated, "As a public representative and as a woman, she cannot shut her eyes and be oblivious to the felt sufferings and grievances of women. Therefore, as the statements made by the Chief Minister have not been found to be defamatory, we believe that the order of general restraint of speech is unfounded. Her utterances to the extent they represent rejection of injustice and gender asymmetry, cannot be restrained and, to that degree and in that sense, the order of the Hon'ble Court will be challenged."

Earlier in the day, 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. (ANI)