Kolkata, July 26 The division bench of the Calcutta High Court hearing the plea of West Bengal Chief Minister Mamata Banerjee challenging an earlier order of a single-judge bench of the same court in the defamation case filed by Governor C.V. Ananda Bose on Friday returned the matter to the latter bench.
On July 16, a single-judge bench of Justice Krishna Rao put an interim stay on any kind of derogatory statement against the Governor till August 14. The single-judge bench ordered an interim stay acting on a defamation suit filed by the Governor against the Chief Minister, where Trinamool Congress leader Kunal Gosh and the party legislators Sayantika Banerjee and Reyat Houssen Sarkar were also made parties.
The Chief Minister, however, challenged the order and the matter was being heard at the division bench of Justice Indra Prasanna Mukherjee and Justice Biswaroop Chowdhury.
After a hearing in the matter, the division bench observed that whether the Chief Minister’s comments made about the Governor were derogatory or not has to be decided by the single-judge bench.
The division bench also observed that the Chief Minister would be able to make any statement about the Governor but that should not be in violation of the “definition” and “legal provisions” of “defamation”.
The division bench also directed all the parties concerned to file fresh affidavits at the single-judge bench and observed that the latter would evaluate all aspects and decide whether the Chief Minister’s comments made about the Governor were derogatory in nature or not.
The defamation suit was filed over some comments made by the Chief Minister recently while expressing displeasure over the confusion regarding the oath-taking ceremony of the two new MLAs.
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