CM has right to freedom of speech under Art 19: Counsel
Times of India | 17 July 2024
Kolkata: Reacting to the HC order restraining CM Mamata Banerjee and three others from making any “defamatory statement” against the governor for now, Banerjee’s lawyer, Sanjay Basu, said: “The CM has merely alluded to the apprehensions of numerous women who have approached her. She has a right to freedom of speech that is guaranteed under Article 19 of the Constitution of India.She is responsible for the safety and security of women of the state, and, in any case, she stands against any gender injustice. As a public representative and as a woman, she cannot shut her eyes and be oblivious to the felt sufferings and grievances of women.”
Basu, who said the order would be challenged, added that since the CM’s statements “had not been found to be defamatory, we believe that the order of general restraint of speech is unfounded”. Governor CV Ananda Bose welcomed the HC order saying, “Truth will triumph.” The HC in its order said that while Article 19(1)(a) of the Constitution granted right of freedom of speech and expression, the same was subject to restrictions under Article 19(2) that included defamation. Therefore, the right to freedom of speech and expression was not an unfettered right in the garb of which defamatory statements could be made to tarnish the reputation of a person, it said. “The fundamental right of freedom of speech has to be balanced with the right of reputation of an individual, which has been held to be a basic element of the right to life as provided under Article 21 of the Constitution,” it said.
Stating that the governor was a “constitutional authority”, the HC said, “He cannot meet the personal attacks being made by the defendants against him by taking the benefit of social media platforms. The defendants had the knowledge that the criminal complaint initiated against the plaintiff is pending before the Court of law.”