The Calcutta High Court's division bench, consisting of Justice I P Mukerji and Justice Biswaroop Chowdhury, upheld West Bengal Chief Minister Mamata Banerjee's right to express her views about Governor CV Ananda Bose, as long as her statements are within the boundaries of the law and do not tarnish his reputation. This decision followed a legal dispute initiated by the ruling Trinamool Congress (TMC) after a single bench had placed a temporary ban on the Chief Minister and three others from making any defamatory or false remarks about the Governor until August 14.
The legal battle unfolded after Governor CV Ananda Bose took umbrage at certain comments made by Chief Minister Mamata Banerjee concerning an impasse between the Raj Bhavan and the Assembly involving the refusal of two TMC MLAs to take oath before him. The division bench clarified that the previous single bench ruling did not explicitly label the statements in question as defamatory or inaccurate, leaving ambiguity about what specific communication was deemed problematic. Furthermore, the High Court asserted that the injunction applied only to future statements and did not impact previous remarks made by the CM or other individuals involved. The bench emphasized the delicate balance between protecting an individual's reputation, which is deemed sacrosanct by the law, and upholding the fundamental right to freedom of speech and expression bestowed upon every citizen of India. It underscored that while this freedom is a cornerstone of democracy, it is subject to reasonable limitations to prevent abuse or harm.