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The Calcutta High Court has issued an order restraining West Bengal Chief Minister Mamata Banerjee from making any defamatory or incorrect statements against Governor CV Ananda Bose. This order comes in the wake of a defamation case filed by the Governor, stemming from Banerjee's comments regarding women's safety concerns at Raj Bhavan, the Governor's residence.
The dispute arose after a contractual woman employee at Raj Bhavan accused Governor Bose of molesting her, prompting an investigation by the Kolkata Police. Chief Minister Banerjee, commenting on the allegations, stated that women had expressed fear about visiting Raj Bhavan due to the recent incidents. This statement, however, was challenged by the Governor, who sought to restrain Banerjee and other Trinamool Congress members from making further comments on the matter.
In court, Banerjee's lawyer argued that her statements were merely an echo of the apprehensions expressed by women regarding certain alleged activities at Raj Bhavan. The lawyer offered to provide the names of women who had expressed these apprehensions on affidavit. The legal proceedings have brought to light a significant legal question surrounding the immunity granted to Governors under Article 361 of the Constitution. This article protects Governors from criminal prosecution during their term in office.
The woman who accused Governor Bose of molestation has taken the matter to the Supreme Court, challenging the immunity granted to him under Article 361. She seeks clarification on whether the immunity extends to alleged instances of sexual harassment and molestation, questioning if these actions can be considered part of a Governor's official duties.
The legal battle between the Governor and the Chief Minister has highlighted the complexities surrounding the Governor's role and the extent of their immunity under the Constitution. The Supreme Court's decision on the question of whether sexual harassment falls under the scope of a Governor's official duties will have significant ramifications for the interpretation of Article 361 and the legal framework surrounding the Governor's position.
Source: Calcutta HC bars Mamata Banerjee from making ‘defamatory’ remark against governor CV Ananda Bose