“No Defamatory Statements against Governor Bose:” Calcutta HC Tells Mamata, TMC Leaders
NEW DELHI, July 16: The Calcutta High Court on Tuesday issued a temporary restraining order against West Bengal Chief Minister Mamata Banerjee and other ruling Trinamool Congress leaders preventing them from making “any defamatory or incorrect statement” against Governor CV Ananda Bose on social media platforms.
In its ruling, a single-judge bench of Justice Krishna Rao issued an interim order in the defamation suit filed by the West Bengal Governor, restraining Mamata and other Trinamool Congress leaders from making any defamatory statements on social media till August 14.
“In view of the above, the defendants are restrained from making any defamatory or incorrect statement against the plaintiff by way of publication and on social platforms till 14th August, 2024,” the court stated. The court emphasised that Governor Bose holds a “constitutional authority” position and cannot be subjected to personal attacks.
“The plaintiff is a Constitutional Authority. He cannot meet the personal attacks being made by the defendants against him by taking the benefit of social media platform,” the court remarked. Additionally, the court observed that the right to freedom of speech and expression was not an unrestricted right in the guise of which defamatory statements could be made to tarnish the reputation of a person.
“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,” it added.
Welcoming the high court’s ruling, Bose in a 23-second video message posted on the Raj Bhavan’s YouTube channel, said, “Truth will triumph. We shall pray God throws light on the path of Mamata Banerjee. I dedicate myself and the service for the people of Bengal.”
The Bengal governor had filed the defamation case against Mamata on June 28, a day after she claimed women complained to her that they were afraid to visit the Raj Bhavan. During an administrative meeting at the state secretariat on June 27, Banerjee said, “Women have informed me they are afraid to visit the Raj Bhavan due to recent incidents reported there.”
She made the comment while expressing her displeasure over the confusion regarding the oath-taking ceremony of two newly elected party MLAs. She had backed their decision of not accepting the Governor’s invitation to go to Raj Bhavan and attend the oath ceremony there. The MLAs, Sayantika Banerjee and Reyat Hossain Sarkar, had written to him seeking to take oath at the assembly.
In response to her remarks, the governor had said it was expected of public representatives not to create “erroneous and slanderous impressions.”
Ms Banerjee’s lawyer Sanjay Basu said in a statement that the order of the court would be challenged before a higher bench. Mr Bose had sought to restrain Ms Banerjee, two newly elected MLAs and another TMC leader from issuing remarks in connection with alleged incidents at Raj Bhavan.
On May 2, a contractual woman employee of Raj Bhavan had alleged harassment by Mr Bose following which the Kolkata Police also started a probe. Under Article 361 of the Constitution, no criminal proceedings can be instituted against a Governor during his or her term in office. Mr Bose has criticised Ms Banerjee’s remarks for creating “erroneous and slanderous impressions.”
During the hearing on Monday, the TMC chief stood by her statement and said, through her lawyer, that her remarks were a fair comment on issues of public interest and not defamatory. Ms Banerjee’s lawyer submitted that she merely echoed the apprehensions of women over certain alleged activities in Raj Bhavan.
(Manas Dasgupta)
