Calcutta High Court Restrains Mamata Banerjee from Making Defamatory Statements Against Governor CV Ananda Bose
News Mania Desk/Agnibeena Ghosh/17th July 2024
The Calcutta High Court has issued an interim order restraining West Bengal Chief Minister Mamata Banerjee and three other individuals from making defamatory or incorrect statements against Governor CV Ananda Bose. The court underscored that freedom of speech is not an “unfettered right” that permits defamatory remarks, according to news agency PTI.
In the interim order, Justice Krishna Rao noted that the governor, as a constitutional authority, cannot counter the personal attacks made against him by the defendants using social media platforms. The governor had filed a defamation suit against Banerjee for comments she made during an administrative meeting, particularly regarding the controversy over the oath-taking of two newly-elected TMC MLAs, Sayantika Banerjee and Reyat Hossain Sarkar.
Governor Bose also filed a case against the legislators and party leader Kunal Ghosh. Justice Rao emphasized that without an interim order, the defendants would continue to make defamatory statements against Bose, tarnishing his reputation. The court has restrained Banerjee and the others from making any defamatory or incorrect statements against Bose via publications or social media platforms until August 14, 2024.
The court observed that Article 19(1)(a) of the Constitution grants the right to freedom of speech and expression to all individuals, but this right is subject to restrictions under Article 19(2), which includes defamation. Justice Rao clarified that the right to freedom of speech must be balanced with the right to an individual’s reputation, which is considered a fundamental element of the right to life under Article 21 of the Constitution.
The case will be revisited on August 14. Governor Bose welcomed the court’s decision, expressing hope that the order would bring clarity and light to Banerjee’s path. Banerjee’s lawyer, Sanjay Basu, indicated that the order would be challenged before a higher bench.
Governor Bose also requested an interim order to prevent further comments related to alleged incidents at Raj Bhavan. The conflict arose over the venue of the swearing-in ceremony for the two MLAs, with the MLAs preferring the assembly and the governor favoring Raj Bhavan.
The court has granted two weeks for Banerjee and the other defendants to file their affidavits, with Bose required to respond within a week thereafter. During the hearing on Monday, Banerjee’s counsel, S N Mookherjee, defended her statements as being in the public interest.
Governor Bose expressed his satisfaction with the interim order, stating, “Truth will triumph. I pray to God to throw light on the path of Mamata Banerjee. This is a God-sent for me. I would like to dedicate myself to the service of the people of Bengal.”
The Calcutta High Court’s decision highlights the delicate balance between freedom of speech and the protection of individual reputation, reiterating that constitutional rights must be exercised within the boundaries of respect and legality.
