Cal HC restrains Mamata from making defamatory remarks against Guv

The Calcutta High Court on Tuesday restrained West Bengal Chief Minister Mamata Banerjee and three others from making any defamatory or incorrect statement against Governor CV Ananda Bose observing that the freedom of speech is not an unfettered right under which defamatory statements can be made reported news agency PTIIn an interim order Justice Krishna Rao said the governor is a constitutional authority and cannot meet the personal attacks being made by the defendants against him by taking the benefit of social media platforms reported PTIThe governor had filed a defamation suit against Banerjee for making certain remarks during an administrative meeting while commenting about the row over the oathtaking of the two newlyelected TMC MLAs Sayantika Banerjee and Reyat Hossain SarkarBose also filed a case against the legislators and party leader Kunal GhoshIf at this stage an interim order is not granted it would give the free hands to the defendants to continue making defamatory statements against the plaintiff and continue to tarnish the reputation of the plaintiff Justice Rao said and restrained Banerjee and the three others from making any defamatory or incorrect statement against the plaintiff Bose by way of publication and on social platforms till August 14 2024 reported PTIObserving in its order that Article 191a of the Constitution affords the right of freedom of speech and expression to all persons the court said that the same is however subject to restrictions under Article 192 which includes defamationTherefore the right to freedom of speech and expression is not an unfettered right in the garb of which defamatory statements can be made to tarnish the reputation of a person Justice Rao observed reported PTIThe judge said that the fundamental right of freedom of speech has to be balanced with the right to the reputation of an individual which has been held to be a basic element of the right to life as provided under Article 21 of the ConstitutionRao said the matter will be heard again on August 14Welcoming the order Bose said that he would pray to the almighty to throw light on Banerjees path while Banerjees lawyer Sanjay Basu said in a statement that the order of the court would be challenged before a higher benchThe West Bengal governor also prayed for an interim order restraining them from making any further comment in connection with alleged incidents at Raj BhavanA row had triggered over the venue of the swearingin ceremony of the two MLAs last month as they wanted to be administered oath in the assembly while the governor was in favour of holding it in the Raj BhavanThe court gave two weeks to Banerjee and the three others to file their affidavits and reply by Bose to them within one week thereafterDuring the hearing on Monday after which the court reserved the order Banerjees counsel S N Mookherjee said she stood by her statement as it involved public interestThe governor welcomed the Calcutta High Courts interim orderBose told PTI Truth will triumph I pray to God to throw light on the path of Mamata Banerjee This is a Godsent for me I would like to dedicate myself to the service of the people of BengalWith inputs from PTI