Mamata Banerjee Free to Comment on Governor Within Legal Bounds: The Hon’ble Justice of the Calcutta High Court

The Calcutta High Court ruled that West Bengal Chief Minister Mamata Banerjee can comment on Governor C V Ananda Bose within legal limits, balancing freedom of speech and protection against defamation.

The division bench of the Calcutta High Court presided by Justice A. K. Chakrabarty passed the order on Friday stating that Mamata Banerjee is entitled to make statements in relation to the Governor C V Ananda Bose under the constitution and the rights of freedom of speech and public duty. The order was made after Banerjee and Trinamool Congress leader Kunal Ghosh sought a stay on an interim order made by a single bench that restrained them from making any defamatory or false statements about the Governor till August 14.

The bench of division judges Biswaroop Chowdhury and I P Mukerji altered the order earlier made but highlighted that the appellants may suffer severe repercussions if they violate the laws. The court pointed out that the statements referred in the single judge’s judgment were not prima facie seen as defamatory or wrong, thus casting doubt on the grounds to justify restraint.

The court also emphasized that reputation is an important aspect that needs to be protected for an individual, while stating that free speech is also a very important aspect but not absolute, especially when it comes to making defamatory statements. “A man’s reputation is something sacred to him, and the law has provided that he has the right to defend it,” the bench noted and pointed out that it is the public interest and the truth that should determine the freedom of speech especially when it comes to those in high positions such as the Chief Minister.

Banerjee had filed the complaint in response to Governor Bose who had tried to prevent him, along with two other newly elected MLAs and one more Trinamool leader from making comments on alleged incidents at Raj Bhavan. He filed the lawsuit for defamation in response to the comment made by Banerjee about women being scared to visit the Raj Bhavan, a statement that was alleged to give out wrong and malicious impressions.

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The verdict of the court enables her to enjoy her freedom of speech to a certain limit as the constitution continues to recognize the freedom of speech with the respect to the status of other people.