Calcutta High Court: Legal Conflicts Between State’s Governor & Chief Minister Are Not Desirable

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Justice Rao pointed out that such disputes are not beneficial for either party. He suggested that instead of fighting legal battles, the differences could be resolved through mutual discussion.

KOLKATA: The Calcutta High Court, on Thursday, observed that legal conflicts between a state’s Governor and Chief Minister are not desirable.

A single-judge bench led by Justice Krishna Rao made this remark while hearing a defamation case filed by West Bengal Governor C.V. Ananda Bose against Chief Minister Mamata Banerjee and three others last year.

Justice Rao pointed out that such disputes are not beneficial for either party. He suggested that instead of fighting legal battles, the differences could be resolved through mutual discussion.

Referring to a popular phrase, he said the matter could be settled over tea, or in his words, Chai Pe Charcha.”

The Chief Minister’s counsel, while agreeing with the court’s suggestion, requested that it be officially recorded in the court’s direction for the day. However, Justice Rao clarified that it was only a verbal suggestion and that a written direction might be issued later.

During the hearing, the Chief Minister’s lawyer, four-time Trinamool Congress MP Banerjee, stated that political figures should act with restraint. He also questioned why the Governor had filed a defamation case, considering that his position already enjoys certain constitutional protections.

On the other hand, the Governor’s counsel, Dhiraj Trivedi, countered this argument by stating that

“the chair of the Government is not political at all.”

Background

The conflict arose last year over the oath-taking ceremony of two newly-elected Trinamool Congress MLAs – Sayantika Banerjee (Baranagar constituency, North 24 Parganas district) and Reyat Houssen Sarkar (Bhagabangola constituency, Murshidabad district).

Governor Bose insisted that both legislators should visit the Raj Bhawan to take their oaths before him. However, Sayantika Banerjee and Reyat Houssen Sarkar wanted the Governor to visit the West Bengal Assembly for the ceremony instead.

As the dispute escalated, several Trinamool Congress leaders, including Chief Minister Mamata Banerjee, the two MLAs, and Trinamool’s state General Secretary Kunal Ghosh, made critical remarks against the Governor.

Following this, Governor Bose filed a defamation case in the Calcutta High Court against four individuals, listing Chief Minister Mamata Banerjee as the primary respondent.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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