The Calcutta High Court has restrained West Bengal Chief Minister Mamata Banerjee and three others from making any defamatory or incorrect statements against Governor CV Ananda Bose, observing that freedom of speech is “not an unfettered right” under which defamatory statements can be made.
In an interim order, Justice Krishna Rao noted that the governor is a constitutional authority and “cannot meet the personal attacks being made by the defendants against him by taking advantage of social media platforms.”
Governor Bose had filed a defamation suit against Chief Minister Banerjee over remarks made during an administrative meeting concerning the controversy over the oath-taking of two newly-elected TMC MLAs—Sayantika Banerjee and Reyat Hossain Sarkar. Bose also filed a case against the legislators and party leader Kunal Ghosh.
The judge stated, “If at this stage, an interim order is not granted, it would give the defendants free rein to continue making defamatory statements against the plaintiff and tarnish the plaintiff’s reputation.” The court restrained Banerjee and the three others from “making any defamatory or incorrect statements against the plaintiff (Bose) through publication and on social platforms until August 14, 2024.”
The court noted that while Article 19(1)(a) of the Constitution provides the right to freedom of speech and expression, it is subject to restrictions under Article 19(2), which includes defamation. “Therefore, the right to freedom of speech and expression is not an unfettered right under which defamatory statements can be made to tarnish a person’s reputation,” Justice Rao observed.
The judge emphasized that the fundamental right of freedom of speech must be balanced with the right to an individual’s reputation, which is considered a basic element of the right to life under Article 21 of the Constitution. Rao announced that the matter would be heard again on August 14.
Welcoming the order, Bose said he would pray to the almighty to guide Banerjee’s path, while Banerjee’s lawyer, Sanjay Basu, stated that the court’s order would be challenged before a higher bench.
The West Bengal governor also sought an interim order to restrain further comments related to alleged incidents at Raj Bhavan. A dispute had arisen over the venue of the swearing-in ceremony for the two MLAs last month; they preferred the assembly, while the governor favored Raj Bhavan.
The court has given Banerjee and the three others two weeks to file their affidavits, with Bose to reply within one week thereafter. During the hearing on July 15, after which the court reserved the order, Banerjee’s counsel S N Mookherjee asserted that her statement was made in the public interest.
