The High Court said that the right to freedom of speech and expression is “not an unfettered right in the garb of which defamatory statements can be made to tarnish the reputation of a person”.
New Delhi: The Calcutta High Court today restrained West Bengal Chief Minister Mamata Banerjee from making any defamatory or incorrect statement against Governor CV Ananda Bose, noting the freedom of speech is “not an unfettered right” under which defamatory statements can be made.
“The defendants are restrained from making any defamatory or incorrect statement against the plaintiff (the Governor) by way of publication and on social platforms till 14th August 2024,” the court, which will next hear the case on August 14, said.
“If at this stage, an interim order is not granted it would give the free hands to the defendants to continue making defamatory statements against the plaintiff and continue to tarnish the reputation of the plaintiff,” it added.
Ms Banerjee’s lawyer Sanjay Basu said in a statement that the order of the court will be challenged before a higher bench.
The court said that the right to freedom of speech and expression is “not an unfettered right in the garb of which defamatory statements can be made to tarnish the reputation of a person”.
Mr Bose had sought to restrain Ms Banerjee, two newly elected MLAs and another Trinamool Congress leader from issuing remarks in connection with alleged incidents at Raj Bhavan.
The Bengal Governor filed the defamation suit against Mamata Banerjee’s comment that women had expressed fear about visiting the Raj Bhavan. She made the comment while expressing her displeasure over the confusion regarding the oath-taking ceremony of two newly elected party MLAs. She had backed their decision of not accepting the Governor’s invitation to go to Raj Bhavan and attend the oath ceremony there.
The MLAs, Sayantika Banerjee and Reyat Hossain Sarkar, had written to him seeking to take oath at the assembly.
On May 2, a contractual woman employee of Raj Bhavan had alleged harassment by Mr Bose following which the Kolkata Police also started a probe. Under Article 361 of the Constitution, no criminal proceedings can be instituted against a Governor during his or her term in office.
Mr Bose has criticised Ms Banerjee’s remarks for creating “erroneous and slanderous impressions”.
Today, Justice Krishna Rao said that the Governor being a Constitutional Authority “cannot meet the personal attacks being made by the defendants against him by taking the benefit of social media platform.
During the July 15 hearing, the Trinamool Congress chief stood by her statement and said, through her lawyer, that her remarks were a fair comment on issues of public interest and not defamatory.
Ms Banerjee’s lawyer submitted that she merely echoed the apprehensions of women over certain alleged activities in Raj Bhavan.
The matter first came up for hearing on July 3. However, on that day, the court directed that the media houses whose reports were the basis of the defamation should be made parties in the case. Then, July 4 was scheduled as the next date of hearing.
When the matter came up for hearing again on July 4, the Governor’s counsel told the court that the hearing in the matter had not been enlisted in the records of the Calcutta High Court.
Thereafter, the court adjourned the hearing and fixed July 10 as the next date of hearing. The matter was again scheduled for a hearing on July 15.
Besides the Chief Minister, Trinamool Congress leader Kunal Ghosh and MLAs Sayantika Banerjee from Baranagar and Reyat Hossain Sarkar from Bhagawangola have been named in the suit.