Today, On 16th July, The Calcutta High Court issued a restraining order against West Bengal Chief Minister Mamata Banerjee, prohibiting her from making defamatory statements about Governor CV Ananda Bose.
Calcutta: The Calcutta High Court temporarily prohibited West Bengal Chief Minister Mamata Banerjee and three others from making defamatory or false statements against Governor CV Ananda Bose.
Justice Krishna Rao issued this order in response to an interim application filed by Governor Bose as part of his defamation suit against Banerjee, two West Bengal State Legislative Assembly members, and an All India Trinamool Congress (TMC) leader.
Governor Bose approached the High Court following a statement by Banerjee, claiming that women no longer felt safe entering the Raj Bhavan due to recent allegations against the Governor. The Court emphasized that Bose, as a constitutional authority, cannot defend himself against personal attacks from Banerjee and other TMC leaders via social media.
The Court further noted that the right to freedom of speech and expression does not include the right to make defamatory statements that harm someone’s reputation.
The Court stated,
“In appropriate cases where statements have been made recklessly to damage the plaintiff’s reputation, the Court is justified in granting an injunction. Without an interim order, the defendants would be free to continue making defamatory statements, further harming the plaintiff’s reputation.”
Consequently, the Court restrained Banerjee and the others from making defamatory or false statements against Bose, either through publication or on social media, until August 14, 2024.
The Court added,
“The plaintiff is a Constitutional Authority. The allegations against him are pending in the appropriate Court, but even so, allegations are being published in the media. Given these circumstances, the Court finds that the plaintiff has established a prima facie case, and the balance of convenience favours the plaintiff. Without an interim order, the plaintiff will suffer further irreparable loss and injury to his reputation.”
Governor CV Ananda Bose informed the Court that Chief Minister Mamata Banerjee and other TMC leaders were making false and baseless allegations against him, exposing him to hatred, contempt, and ridicule.
In response, Banerjee’s counsel stated that she would substantiate her statements with relevant documents.
The Court was told,
“The incident at Raj Bhavan is already in the public domain, so it cannot be deemed defamatory,”
They also argued that Banerjee’s comments were fair and in the public interest, therefore, not defamatory. Additionally, Banerjee promised to disclose the names of the women who expressed their concerns about going to Raj Bhavan.
The next hearing scheduled for August 14.
Advocates Dhiraj Trivedi, Shailendra Kr Mishra, Rajdeep Majumdar, Moyukh Mukherjee, Sushil Mishra, Amarjit Dey, Yashashwi Sundariya, Navneet Mishra, Sunil Gupta, and Arpit Agarwal represented Governor CV Ananda Bose.
Senior Advocate SN Mookherjee, along with Advocates Anirban Ray, Piyush Agarwal, and Shrivalli Kajaria, represented Chief Minister Mamata Banerjee.
Senior Advocates Kishore Dutta, Jayanta Kr Mitra, and Dhruba Ghosh, with Advocates Sanjay Basu, Amit Kr Nag, Debjyoti Das, Rajarshi Dutta, Ayan Chakraborty, Dhruv Chadha, and Dhilon Sengupta, represented the other defendants.
Read Order: Dr. C. V. Ananda Bose vs. Sushri Mamata Banerjee And Ors