Gangtok: The state Government has finally responded to the strings of allegations leveled against it in Sikkim Pradesh Congress Committee publication “ Congress Sandesh : Sikkim –MaBurmaloot.”.
A direct complaint case filed on behalf of the State Government yesterday,Public prosecutor N.P.Sharma highlights the aspersions cast on the office of Governor and his office in the publication and prayed that the Court take cognizance of matter as a case fit to be tried for defamation.The complaint lists State Congress member N.B. Bhandari, and the proprietor of the press in Siliguri where the publication was printed as respondents.
The Direct complaint filed with the prior sanction of State Government,in the Court of the Sessions Judge,East & North, focuses on certain remarks made against Governor V Rama Rao in the Congress Party publication” Congress Sandesh”.
The Court has taken the cognisance of the case under Section 500 IPC {punishment for defamation} read with Section 34 { Act done by several persons in furtherance of common intention} and will soon be issued summons to the respondents.
The State Government ;s petition focuses on one portion of the publication listed as DHANDLI 16 in Congress Sandesh. Which lists allegations on the passing of the Profit Bill in the Sikkim Assembly and its endorsement by the Governor. This particular passage the petition alleges ,is a deliberate attempt of the SPCC to create an impression in the minds of the public that the passing of the Bill including its assent by the Governor was the outcome of an “SCAM”. This according to the petition is malicious and defamatory.
A particular line in the passage…”Governor also lost his presence of mind” has been termed as derogatory as it is alleged to imply the the Governor dealt with the Bill without applying his mind.
This aspersion,the complaint states, is highly derogatory to the confidence that the society reposes on the functioning of a constitutional authority such as Governor of a state.
It is also alleged by the state government that the passage contains the imputation that the Governor gave his assent to the Bill pursuant to the meeting with the Chief Minister and the Speaker, Sikkim Legislative Assembly. This claim was ‘factually incorrect’, the petition stresses while submitting the appointment records of the relevant period maintained by the Raj Bhawan to attest that neither the Chief Minister nor the Speaker, met the Governor during the period in question.
The paragraph in question in the Congress Sandesh also carries a stronger aspersion when it states “….the Governor’s son’s marriage was celebrated with pomp and dhow in two states”. This has also been challenged by the state Government . The entire paragraph” Dhandli 16” is seen by the state government as per Se defamatory as it adversely affects the reputation of the Governor of Sikkim and conspires to lower his image in the eyes of the public.
It is also submitted that the Governor ‘ has felt deeply hurt,humiliated,insulted and defamed’ on coming to know of the publication and circulation the ‘such defamatory statement regarding his functioning as the Governor of the Sikkim,has desired action against the offenders as per law.
The state government feels that such a publication has been printed and circulated by the SPCC with mala fide intention to attain political objectives of defaming Governor who ‘ has been functioning in strict accordance with the Constitution especially in dealing with the Profit of Office Bill.
This Act,it may be recalled , was also challenged by the Opposition Parties in the Election Commission and summarily dismissed.
A direct complaint case filed on behalf of the State Government yesterday,Public prosecutor N.P.Sharma highlights the aspersions cast on the office of Governor and his office in the publication and prayed that the Court take cognizance of matter as a case fit to be tried for defamation.The complaint lists State Congress member N.B. Bhandari, and the proprietor of the press in Siliguri where the publication was printed as respondents.
The Direct complaint filed with the prior sanction of State Government,in the Court of the Sessions Judge,East & North, focuses on certain remarks made against Governor V Rama Rao in the Congress Party publication” Congress Sandesh”.
The Court has taken the cognisance of the case under Section 500 IPC {punishment for defamation} read with Section 34 { Act done by several persons in furtherance of common intention} and will soon be issued summons to the respondents.
The State Government ;s petition focuses on one portion of the publication listed as DHANDLI 16 in Congress Sandesh. Which lists allegations on the passing of the Profit Bill in the Sikkim Assembly and its endorsement by the Governor. This particular passage the petition alleges ,is a deliberate attempt of the SPCC to create an impression in the minds of the public that the passing of the Bill including its assent by the Governor was the outcome of an “SCAM”. This according to the petition is malicious and defamatory.
A particular line in the passage…”Governor also lost his presence of mind” has been termed as derogatory as it is alleged to imply the the Governor dealt with the Bill without applying his mind.
This aspersion,the complaint states, is highly derogatory to the confidence that the society reposes on the functioning of a constitutional authority such as Governor of a state.
It is also alleged by the state government that the passage contains the imputation that the Governor gave his assent to the Bill pursuant to the meeting with the Chief Minister and the Speaker, Sikkim Legislative Assembly. This claim was ‘factually incorrect’, the petition stresses while submitting the appointment records of the relevant period maintained by the Raj Bhawan to attest that neither the Chief Minister nor the Speaker, met the Governor during the period in question.
The paragraph in question in the Congress Sandesh also carries a stronger aspersion when it states “….the Governor’s son’s marriage was celebrated with pomp and dhow in two states”. This has also been challenged by the state Government . The entire paragraph” Dhandli 16” is seen by the state government as per Se defamatory as it adversely affects the reputation of the Governor of Sikkim and conspires to lower his image in the eyes of the public.
It is also submitted that the Governor ‘ has felt deeply hurt,humiliated,insulted and defamed’ on coming to know of the publication and circulation the ‘such defamatory statement regarding his functioning as the Governor of the Sikkim,has desired action against the offenders as per law.
The state government feels that such a publication has been printed and circulated by the SPCC with mala fide intention to attain political objectives of defaming Governor who ‘ has been functioning in strict accordance with the Constitution especially in dealing with the Profit of Office Bill.
This Act,it may be recalled , was also challenged by the Opposition Parties in the Election Commission and summarily dismissed.
