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The Court acknowledged that Governor Bose, as a Constitutional Authority, has established a prima facie case, and the balance of convenience favours granting interim relief to prevent further irreparable damage to his reputation
The Calcutta High Court has temporarily prohibited West Bengal Chief Minister Mamata Banerjee and three others from making defamatory or incorrect statements against Governor CV Ananda Bose.
The order was passed by Justice Krishna Rao on an interim application filed by Governor Bose in a defamation suit against Banerjee, two elected members of the West Bengal State Legislative Assembly, and a leader of the All India Trinamool Congress (TMC). The court noted that “The plaintiff is a Constitutional Authority. He cannot meet the personal attacks being made by the defendants against him by taking the benefit of social media platform.”
Pertinently, the defamation suit was filed after CM Banerjee publicly claimed that women no longer felt safe entering the Raj Bhavan in West Bengal due to recent allegations against the Governor. Governor Bose moved the High Court in response to these statements, seeking legal recourse against what he termed as false and frivolous allegations.
Governor Bose's counsel argued that Banerjee and other TMC leaders had exposed him to hatred, contempt, and ridicule through their false allegations. In response, CM Banerjee's counsel asserted that she would justify her stance by presenting documents supporting her statements. They argued that the Raj Bhavan incident was already in the public domain and that Banerjee's comments were fair and in the public interest.
The Court underscored that the right to freedom of speech and expression is not an unrestricted right that allows defamatory statements to harm an individual's reputation. “Under Article 19(1)(a) of the Constitution of India afford the right of freedom of speech and expression to all persons. However, the same is subject to restrictions under Article 19(2) of the Constitution of India, which includes defamation…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 basic element of the right to life as provided under Article 21 of the Constitution of India,” the court emphasised.
"This Court is of the view that in appropriate cases where statements have been recklessly made to injure the reputation of the plaintiff, the Court would be justified in granting an injunction. If an interim order is not granted at this stage, it would allow the defendants to continue making defamatory statements against the plaintiff, further tarnishing his reputation," the Court stated.
As a result, the Court restrained Banerjee and the other defendants from making any defamatory or incorrect statements against Governor Bose through publications or social media platforms until August 14, 2024, when the matter is scheduled for its next hearing.
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