The Calcutta High Court has issued a temporary restraining order against West Bengal Chief Minister (CM) Mamata Banerjee and three others. The court has restrained them from making any defamatory or incorrect statements against Governor CV Ananda Bose. Notably, a single-judge bench of Justice Krishna Rao passed the interim order while hearing a defamation suit filed by Governor Bose against Banerjee, two MLAs of the ruling party, and a TMC leader.
Earlier, Governor Bose approached the High Court against CM Banerjee’s remark where she said that women no longer felt safe to enter the Raj Bhavan in West Bengal after allegations of molestation were labelled against Governor Bose.
Passing the restraining order, the High Court observed that Governor Bose is a “constitutional authority”. The bench noted that he cannot counter the personal attacks labeled against him by Banerjee and other TMC leaders using social media platforms.
The court also pointed out that the right to freedom of speech and expression is not an unfettered right and in its garb, a person can’t make defamatory statements to tarnish the reputation of a person.
The bench observed, “This Court is of the view that in appropriate cases where the Court is of the view (sic) that the statements have been made in reckless manner in order to cause injury to the reputation of the plaintiff, the Court would be justified in granting injunction. 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.”
Subsequently, the High Court restrained Banerjee and other TMC leaders from making any defamatory or incorrect statement against Governor Bose by way of publication and on social platforms till 14th August 2024 when the matter will be heard again.
Justice Rao noted, “In the present case, admittedly the plaintiff is a Constitutional Authority. The allegation made against the plaintiff is pending before the appropriate Court but even, paper publication is made by making allegation against the plaintiff. Considering the above circumstances, this Court finds that the plaintiff has made out a prima facie case and balance of convenience are in favour of the plaintiff and at this stage, an interim order is not granted and the defendants are permitted to continue making defamatory statement against the plaintiff, the plaintiff will further suffer irreparable loss and injury of his reputation.”
Earlier, Governor Bose submitted before the court that CM Banerjee and other TMC leaders were making false and frivolous allegations against him and had exposed him to hatred, contempt, and ridicule.
However, CM Banerjee’s counsel claimed that she would justify her stand and place on record the documents based on which she had made the remarks in question.
Her counsel told the bench, “The incident of Raj Bhavan is already on public domain and as such it cannot be said that the said articles are defamatory.”
The counsel also argued that CM Banerjee made fair comments in the public interest and thus the publications were not defamatory submitting, “She will disclose the names of the women, who expressed their apprehension to go to Raj Bhavan.”
