Today(on 26th July),The Calcutta High Court allowed West Bengal Chief Minister Mamata Banerjee to make statements about Governor CV Ananda Bose, provided they adhere to legal standards. This decision modifies an earlier order, balancing free speech with defamation laws.
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KOLKATA: Today(on 26th July),the Calcutta High Court granted West Bengal Chief Minister Mamata Banerjee the liberty to make statements regarding the state Governor, CV Ananda Bose, provided these statements comply with the law. This directive came as a modification to an earlier order, emphasizing the balance between free speech and defamation laws.
Mamata Banerjee and Trinamool Congress (TMC) leader Kunal Ghosh had appealed before a division bench, challenging an interim order by a single bench. This earlier order had directed Banerjee and three others to refrain from making any defamatory or incorrect statements against Governor Bose. The division bench, presided over by Justice I P Mukerji, offered a revised ruling. According to the new directive, Banerjee and Ghosh are permitted to make statements about the governor, as long as these statements conform to the laws of the land and are not defamatory.
The initial defamation suit was filed by Governor CV Ananda Bose. In response to this suit, Justice Krishna Rao of the single bench had issued an interim order. This order instructed Banerjee, Ghosh, and two newly elected TMC MLAs to abstain from making any defamatory or incorrect statements against the governor, effective until August 14.
The division bench, which also included Justice Biswaroop Chowdhury, made critical observations regarding the case. They underscored that “a man’s reputation is sacred to him, and the law empowers him to safeguard it.” At the same time, they acknowledged the fundamental right of every Indian citizen to freedom of speech and expression, stating that this right “cannot be throttled.”
However, the bench emphasized that this freedom is “subject to reasonable restrictions.” They further elaborated that “Every member of the public has the right to know the truth and the right to disclose it.” Nonetheless, they noted that any such assertions “should stand the test of justification.”
This nuanced judgment highlights the court’s effort to balance two critical aspects of democratic rights – the protection of an individual’s reputation and the safeguarding of freedom of speech. The ruling is pivotal as it allows political figures like Mamata Banerjee to express their views on public officials while maintaining the integrity of the law regarding defamation.
The Calcutta High Court’s directive serves as a reminder that while freedom of expression is a cornerstone of democracy, it is not an absolute right and must be exercised within the bounds of legality.
