Cal HC restrains Mamata from making defamatory statement against Guv

Speaking on an imbroglio over oath-taking of the two new MLAs, Banerjee had made certain comments, over which the governor moved the defamation suit before the high court.

He also prayed for an interim order restraining them from making any further comment in connection with alleged incidents at Raj Bhavan.

A row had triggered over the venue of the swearing-in ceremony of two newly elected TMC MLAs last month, as they wanted to be administered oath in the assembly, while the governor was in favour of holding it in Raj Bhavan.

Banerjee's lawyer Sanjay Basu said in a statement that the order of the court will be challenged before a higher bench.

Justice Krishna Rao restrained Banerjee and the three others from "making any defamatory or incorrect statement against the plaintiff (Bose) by way of publication and on social platforms till August 14, 2024." The court directed Banerjee and the three others to file their affidavit in opposition within two weeks and reply by Bose to these within one week thereafter.

Banerjee's counsel S N Mookherjee told the court on Monday that she stood by her statement as it involved public interest.

Hearing for the prayer for interim order was concluded on Monday and the order was reserved by the court.

"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," Justice Rao observed in the order.

The governor being a Constitutional Authority "cannot meet the personal attacks being made by the defendants against him by taking the benefit of social media platform.

Observing in its order that Article 19(1)(a) of the Constitution affords the right of freedom of speech and expression to all persons, the court said that the same is, however, subject to restrictions under Article 19(2), which includes defamation.

"Therefore, the right to freedom of speech and expression is not an unfettered right in the garb of which defamatory statements can be made to tarnish the reputation of a person," Justice Rao observed.

The judge said that the fundamental rights of freedom of speech has to be balanced with the right of reputation of an individual, which has been held to be a basic element of the right to life as provided under Article 21 of the Constitution.

The governor welcomed the Calcutta High Court's interim order.

Bose told PTI: "Truth will triumph. I pray to God to throw light on the path of Mamata Banerjee. This is a God-sent for me. I would like to dedicate myself to the service of the people of Bengal."