The Supreme Court ordered status quo in the defamation case against lawyer and BJP leader Koustav Bagchi over social media posts sharing excerpts from a book about Mamata Banerjee. The Court also issued notice to the West Bengal government while hearing Bagchi’s challenge to the summons issued by a trial court.
The Supreme Court of India on Friday ordered status quo in a defamation case involving BJP leader Koustav Bagchi after he approached the Court challenging proceedings initiated against him over a social media post referring to a controversial book about Mamata Banerjee.
The matter was heard by a Bench of Justices Justice B V Nagarathna and Justice Ujjal Bhuyan, which issued notice to the West Bengal government while considering Bagchi’s plea against an earlier order of the Calcutta High Court.
The dispute originates from Bagchi’s activity on social media, where he shared certain excerpts from a controversial book published in 2015. The book reportedly contains claims about the personal life of West Bengal Chief Minister Mamata Banerjee, including an allegation that she was secretly married and other details related to her private life.
Following Bagchi’s posts, a complaint was filed by the public prosecutor alleging that the content shared by him amounted to defamation. The complaint invoked several provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Based on the complaint, the matter was taken up by a Sessions Court which later issued a summons to Bagchi, directing him to appear before the court.
Bagchi subsequently challenged the trial court’s order before the Calcutta High Court, questioning the validity of the summons issued against him in the defamation case. However, the High Court did not grant him relief, prompting him to approach the Supreme Court seeking intervention.
When the matter came up before the Supreme Court, the Bench decided to maintain status quo in the proceedings while seeking a response from the State government. The Court’s direction effectively pauses further action in the case until the issue is examined further.
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The case has drawn attention due to the political sensitivity surrounding the allegations contained in the book and the legal questions regarding whether sharing excerpts from a publication on social media can attract criminal defamation proceedings.
With the Supreme Court now issuing notice to the State government and ordering status quo, the matter will be taken up for further hearing after responses are filed. The outcome of the case may have wider implications on how courts address defamation claims arising from social media posts that reference published material.
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