It goes: 'A new controversy, the like of which has never been seen anywhere else in the world, has arisen (in West Bengal). Can any Minister, who was a legal practitioner before assuming his charge, can ever argue on behalf of an officially accused person in any court?”

Ex judge Bhagawati Banerjee then cites the Ministerial oath as laid down by the Indian Constitution, outlining a Minister’s primary duty' to uphold the sovereignty and integrity of India' and bear true allegiance to the rule of law. It is the fundamental duty of the State to punish those accused of breaking the country’s laws.

'But', he added in a recent newspaper article,' We see here a Minister of Cabinet rank who was formerly a legal practitioner, donning a lawyer’s garb and argue on behalf of an accused at the Bishnupur Sub-Divisional Court( in West Bengal) to secure her release!'. Instead of helping to punish a transgression as dictated by his Constitutional obligation, the Minister concerned has done exactly the opposite, Banerjee argued.

And the transgression itself could not be more serious: Trinamool Congress MLA Deepali Saha had taken over by force entire polling booths during the Lok Sabha polls and actively encouraged armed goons accompanying her to stamp ballot papers favouring the local TMC candidate, at Bankura. The presiding officer protested, but the state police did not intervene. `

As the electronic media and the opposition parties protested, the Central Election Commission took note and urged upon the State Government to take immediate action against Ms Saha — and the fun began, so to speak! The ruling party in West Bengal once more underscored its utmost contempt for autonomous organisations like the CEC, the Constitution of India and all basic norms that define the rule of law.

For over a month and a half, Ms Saha , according to the district police, went' missing.' She could not be contacted at her residence. Naturally, no one from the police or the CEC could question her. As with other persons accused of criminal activities including rape and murder in West Bengal, Ms Saha could be seen by other people here and there, but not by the police. The media could not contact her, her mobile and other phones remaining switched off.

Shortly before the present monsoon session of the State Assembly got under way, Ms Saha resurfaced dramatically, if briefly, at BIshnupur SD court. Here wonder of wonders, who should appear for her but TMC Minister Syamapada Mukherjee, all dressed up as a professional lawyer, to argue for her immediate bail. His argument: 'local development work was suffering in Ms Saha’s absence and she must get bail.

The judge asked why she had gone missing. Mukherjee replied that she had not gone anywhere. She was ailing and was very much in her residence for over a month and more! Satisfied, the judge allowed her immediate bail, enabling her to attend the session.

Naturally a storm of protests followed. How could a Minister argue against the official order from the highest level, the CEC, which made it imperative for the state Government to question Ms Saha about her activities at the polling booth and secure an explanation if any ? Further, if the official explanation was that she had not gone missing and was living at her home normally, how was it that the district police could not trace her for over six weeks ? The police department incidentally is handled by Chief Minister Mamata Banerjee herself.

Needless to add, no one from the district police has been summoned for an explanation, no one pulled up for what must remain on record as a shocking instance of official duplicity in connection with a condemnable cognizable offence.'That has been the TMC style of governance all along, ever since it was elected in May 2011,' says an observer. Examples are too numerous to be listed.

To their credit it has to be added that even some TMC senior leaders are shocked over the manner in which the matter has been handled and the Minister’s brazen defiance of all civilised norms off governance, which must rank as one of the most cynical examples of abusing the law. Ms Chandrima Bhattacharya, Minister for Judiciary, offered the by standard TMC response to most scandals during its tenure: she was not aware of the details of the matter!

Among top lawyers and practitioners who expressed their strongest criticism over the incident are Mr. Somnath Chatterjee and Mr, Bikash Bhattacharya. The TMC dismissed their reaction as normal as both have a CPI(M) background.

Ms Saha need not worry, nor the complicit district police. The TMC leadership is behind her to give her total administrative support. In fact even the Speaker of the State Assembly, not exactly renowned for his love of the opposition, ruled out any mention of the incident, let alone any discussion, on the plea that the issue was sub-judice. This in turn was hotly disputed by the opposition, which staged a protest. But that is as far as it went and if any TMC leader was upset over the flagrant abuse of the established norms of legal procedure, he very much kept his feelings to himself. (IPA Service)