The recent ruling by the Calcutta High Court on July 26th favored West Bengal Chief Minister Mamata Banerjee's right to make statements concerning Governor CV Ananda Bose, as long as these statements adhere to legal standards and do not defame the Governor. The division bench, comprising Justice I P Mukerji and Justice Biswaroop Chowdhury, stressed that Banerjee has the freedom to express her opinions, emphasizing that these rights are protected by the law.
The legal dispute arose after the ruling Trinamool Congress (TMC) challenged a previous single bench's decision on July 15, which had imposed an interim injunction on the Chief Minister. Banerjee and TMC leader Kunal Ghosh appealed before the division bench, contesting the single bench's order that prohibited them and three others from making any defamatory or incorrect statements against the Governor through various platforms until August 14. This legal battle unfolded as the Governor had filed a defamation suit against the Chief Minister over statements made regarding a situation involving two TMC MLAs' refusal to take oath at the Governor's office.
In its ruling, the division bench pointed out that the previous judgement did not explicitly label the disputed statements as defamatory or incorrect. Furthermore, the court highlighted the ambiguity of the interim order in specifying which statements were considered defamatory and restricted from publication. The High Court clarified that the injunction applied to future statements and did not retroactively impact past communications. Additionally, the bench recognized the importance of safeguarding an individual's reputation while also upholding the fundamental right of freedom of speech and expression granted to all Indian citizens. The court underscored that this freedom is not absolute but subject to reasonable limitations.