The Calcutta High Court made a significant ruling on July 26, stating that West Bengal Chief Minister Mamata Banerjee is within her rights to make statements about Governor CV Ananda Bose as long as they adhere to legal requirements. The division bench, comprising Justice I P Mukerji and Justice Biswaroop Chowdhury, emphasized that Banerjee has the right to express her opinions without crossing the line into defamatory territory.
Following a legal challenge by the ruling Trinamool Congress (TMC) against an earlier single bench injunction, the division bench clarified that the order restricting defamatory statements applied only to prospective remarks. This case stemmed from a dispute between the Governor and the CM after the Governor took legal action for defamation over certain comments made about the impasse involving two TMC MLAs' refusal to take oath before him.
The court highlighted the delicate balance between protecting an individual's reputation and upholding the fundamental right to freedom of speech and expression. It emphasized that while reputation is essential and individuals have a right to safeguard it, freedom of speech is a constitutional right bestowed upon every citizen of India that cannot be unduly suppressed. The bench acknowledged that this freedom is not absolute and can be subject to reasonable restrictions, signaling the importance of maintaining a balance between these two fundamental rights.