Cal HC interim order bars CM, 3 others from 'defaming' governor
Times of India | 17 July 2024
Mamata Banerjee KOLKATA: Calcutta High Court has restrained CM Mamata Banerjee, newly elected Trinamool MLAs Sayantika Banerjee and Reyat Hossain Sarkar and former MP Kunal Ghosh from "making any defamatory or incorrect statement by way of publication and on social platforms" against governor C V Ananda Bose till Aug 14, when it hears the case next. CM Banerjee's lawyers said the order would be challenged.
Stating that governor Bose had made a prima facie case that unless given an interim restraint order he would further suffer "irreparable loss and injury of his reputation", Justice Krishna Rao in his 21-page order on Monday - it could be accessed on Tuesday - said that in specific cases, where court felt statements were recklessly made to cause injury to reputation, it would be justified in granting injunction."If at this stage, an interim order is not granted it would give a free hand to defendants to continue making defamatory statements against the plaintiff and continue to tarnish the reputation of the plaintiff."
Reacting to the order, CM Banerjee's lawyer, Sanjay Basu , said, "The HC has not arrived at any finding or conclusion that the statements challenged in the suit were defamatory or incorrect."
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.”