Cal HC lifts restraint order on CM in guv defame case
Times of India | 27 July 2024
Kolkata: Calcutta High Court on Friday held that the Bengal chief minister had every right to make statements against the state's governor as long as they were not defamatory in nature.
A division bench of justices IP Mukherji and Biswaroop Chowdhury passed the order acting on the CM's appeal against the interim order of an HC single bench that restrained the CM from making any statement against the governor that might be construed as defamatory in nature till August 14.
Governor CV Ananda Bose had filed a defamation suit against CM Mamata Banerjee and others following the CM's claim that women had told her they were scared to visit Raj Bhavan amid the recent claims of sexual harassment against the governor.
The division bench took note of the fact that the single bench had not declared the statements made by the CM and the other members as "incorrect" or "defamatory." It held that no one was standing in the way of people making correct statements.
"Every member of the public has the right to know the truth and if the truth is in public interest the member has every right to expose it. If this right is vested in every citizen, such right is vested with more responsibility in the CM. But expression of this freedom is subject to certain conditions under the law of defamation," the division bench observed.
Clarifying when a statement was construed as defamatory, the division bench observed: "The first test is that it should stand the test of justification or truth or must be a fair comment or the maker of the statement must owe a duty to the persons to whom the defamatory statement was published…. If the maker fails the test, he is liable to pay damages in the civil action".
The division bench after perusing the appeal petition by the CM ordered: "…we only clarify or modify the said order by saying that the appellants will be free to make any statement concerning his Excellency the Governor not crossing the contours of freedom of speech. Otherwise, the appellants run the risk of being exposed to a claim for heavy damages and other retaliatory actions."
Sanjay Basu, CM Banerjee's counsel, said, "The statement made by the CM was not found defamatory by the division bench. The order of the single judge was modified. The CM has the full right to speak."