The Calcutta High Court has issued a temporary restraining order against West Bengal Chief Minister Mamata Banerjee and three others, preventing them from making any defamatory or incorrect statements against Governor CV Ananda Bose. The order was passed by a single-judge bench of Justice Krishna Rao while hearing a defamation suit filed by Governor Bose against Banerjee, two MLAs of the ruling party, and a TMC leader.
Governor Bose had approached the High Court following CM Banerjee’s remark alleging that women no longer felt safe entering the Raj Bhavan in West Bengal after allegations of molestation were made against Governor Bose.
In its interim order, the High Court observed that Governor Bose is a “constitutional authority” and noted that he cannot counter personal attacks made by Banerjee and other TMC leaders using social media platforms. The court emphasised that the right to freedom of speech and expression is not unlimited and cannot be used to make defamatory statements that tarnish someone’s reputation.
“This Court is of the view that in appropriate cases where the Court believes that statements have been made recklessly to injure the reputation of the plaintiff, an injunction is justified,” Justice Rao stated. “If an interim order is not granted at this stage, the defendants would be free to continue making defamatory statements against the plaintiff, causing further harm to his reputation.”
The High Court’s order restrains Banerjee and other TMC leaders from making any defamatory or incorrect statements against Governor Bose through publications or social platforms until August 14, 2024, when the matter will be heard again.
Justice Rao noted, “In the present case, the plaintiff is a Constitutional Authority. The allegation against the plaintiff is pending before the appropriate Court, but even so, there has been media publication making allegations against the plaintiff. Considering these circumstances, the Court finds that the plaintiff has made a prima facie case, and the balance of convenience favors the plaintiff. Without an interim order, the plaintiff will suffer irreparable loss and injury to his reputation.”
Governor Bose had submitted to the court that CM Banerjee and other TMC leaders were making false and frivolous allegations against him, exposing him to hatred, contempt, and ridicule. However, CM Banerjee’s counsel argued that she would justify her statements and present documents supporting her remarks.
“The incident at Raj Bhavan is already in the public domain and cannot be deemed defamatory,” Banerjee’s counsel contended. They also argued that Banerjee’s comments were made in the public interest, adding, “She will disclose the names of the women who expressed their apprehension about going to Raj Bhavan.”
The case is set for further hearing on August 14, 2024.
