HC says Mamata can make statements about Guv conforming to law
Kolkata: Modifying the order of the Single Bench, the Calcutta High Court on Thursday lifted the ‘blanket ban’ on Chief Minister Mamata Banerjee that had restrained her from making any statements against Governor C V Ananda Bose who had sued her for defamation.
The Chief Minister had challenged the Single Bench’s order in the Division bench of Justices IP Mukerji and Justice Biswaroop Choudhury appealing that she had the right to make statements against the Governor as long as they were not defamatory in nature.
Trinamool Congress (TMC) leader Kunal Ghosh, who was also named in the defamation suit, too had moved the Division Bench.
The court is learnt to have directed that Banerjee and Ghosh will be free to make statements regarding the Governor as long as they conform to the laws of the land and are not defamatory. The bench observed that a man’s reputation is sacrosanct to him and the law gives him power to protect it. On the other hand, freedom of speech and expression is conferred to every citizen of India, which cannot be throttled. It was pointed out that this freedom is, however, subject to reasonable restrictions.
The court said that every member of the public has the right to know the truth and that everyone has the right to bring forth the truth. It should, however, stand the test of justification. It was learnt that the appeal has now been listed for further hearing at a later date.
The Governor had earlier prayed for an interim order restraining the Chief Minister and other Trinamool leaders named in the suit from making any remarks on the matter relating to allegations of sexual harassment against him.
The order by the Single Bench of Justice Krishna Rao read: “This Court condemned that the statements have been made in a reckless manner in order to cause injury to the reputation of the plaintiff (Governor). If at this stage, an interim order is not granted it would give the free hands to the defendants (Mamata Banerjee and others) to continue making defamatory statements against the plaintiff (Governor) and continue to tarnish the reputation of the plaintiff (Governor) and the plaintiff (Governor) will further suffer irreparable loss and injury of his reputation”.
It was directed by the Single Bench: “…the defendants (Mamata Banerjee and others) are restrained from making any defamatory or incorrect statement against the plaintiff (Governor) by way of publication and on social media platforms till 14th August, 2024.”
