Kolkata: On Friday, a division bench of the Calcutta High Court changed an order of interim passed by the single bench of the high court, allowing the West Bengal Chief Minister Mamata Banerjee to make statements about Governor CV Ananda Bose. The verdict passed by the Calcutta High Court with two of the division bench justices IP Mukerji and Biswaroop Chowdhury brought the verdict in favour of Banerjee on the condition she should not hurl any slanderous or libellous remarks against the Governor.
For this reason, the court warned that if the appellants consider Banerjee’s statements defamatory or incorrect, they stand to suffer significant damages and retaliation. This directive was given in an application filed by Chief Minister Mamata Banerjee and Kunal Ghosh of Trinamool Congress, based on an order passed by Justice K.R Rao of Calcutta High Court.
Calcutta HC on Defamatory Case
The Governor launched the defamation case in response to Banerjee’s comments regarding the sexual harassment allegations against him, where she said female employees in Raj Bhavan feel ‘unsafe’ working for him. Earlier on July 15, Justice Rao passed an interim order restraining the respondent Banerjee for a period up to August 14 from making any statement capable of defaming the Governor.
As for the original judgment, the division bench thereafter pointed out that the judgment was not final on whether or not the statements made by Banerjee were defamatory or untrue. Thus, the new order of the court in determining relevancy applies only to the further statements of the appellants. The judges stressed that, as per the constitution, freedom of expression is one thing, but this freedom cannot be exercised without reasonable restrictions. They stressed the legal right granted to an individual to safeguard one’s image. Further, they opined that whilst making public interest statements, especially those from the post of the Chief Minister, one has to do so responsibly.
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