Calcutta High Court Rules on Mamata Banerjee's Statements Regarding Governor
The Calcutta High Court, in a significant ruling on July 26, declared that West Bengal Chief Minister Mamata Banerjee can make statements regarding Governor CV Ananda Bose as long as they adhere to legal boundaries.
The court's division bench, comprising Justice I P Mukerji and Justice Biswaroop Chowdhury, emphasized that Banerjee possesses the "full right" to express her opinions, provided her remarks are not defamatory in nature.
This decision stemmed from a challenge filed by the ruling Trinamool Congress (TMC) against a July 15 single bench order that imposed an interim injunction on the Chief Minister. The injunction prohibited Banerjee and three others from making any defamatory or inaccurate statements against the Governor through publications or social media platforms until August 14.
The legal battle originated from a defamation lawsuit filed by the Governor against the Chief Minister over certain remarks made in connection with a standoff between the Raj Bhavan and the Assembly. The dispute arose due to the refusal of two TMC MLAs, Sayantika Banerjee and Reyat Hossain Sarkar, to take oath before the Governor at his office.
The division bench, in its analysis, noted that the single bench's judgment lacked a clear declaration regarding the defamatory or inaccurate nature of the statements in question. The court further observed that the interim order lacked clarity on the specific statements deemed defamatory and the content restricted from publication. The court clarified that the order applied solely to future statements and did not retroactively affect past communications.
The bench acknowledged the importance of protecting an individual's reputation, as well as the fundamental right to freedom of speech and expression guaranteed to every Indian citizen. However, the court emphasized that this freedom is subject to reasonable restrictions.