Nothing defamatory in comment on governor, Mamata Banerjee tells court

West Bengal chief minister Mamata Banerjee on Monday firmly stood by her statement that women had expressed fears about visiting Raj Bhavan in Kolkata, opposing a plea before Calcutta High Court by governor C.V. Ananda Bose for an interim order related to a defamation suit he filed against the CM and other TMC (Trinamool Congress) 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 the Raj Bhavan.

In response, Banerjee's counsel S.N. Mookherjee argued before justice Krishna Rao that her remarks were a fair comment on issues of public interest, and hence not defamatory. Standing by her earlier comment, Banerjee’s lawyer submitted that she merely echoed the apprehensions of women over certain alleged activities in Raj Bhavan.

The counsel said he was ready to state on affidavit the names of the women who expressed such apprehensions. Arguments over the prayer for an interim order were concluded before the court of justice Rao, and an order is expected later.

On 2 May, a contractual woman employee of Raj Bhavan had alleged an incident of molestation by Bose, following which the Kolkata Police started an enquiry. Under Article 361 of the Constitution, no criminal proceedings may 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 Raj Bhavan.

Stating that they had written to him seeking to take oath in 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 the CM's statement about the delay in swearing in the two MLAs over the impasse as to where they would take their oath was also not defamatory.