Kolkata: The Calcutta HC has restrained Bengal CM Mamata Banerjee, newly elected Trinamool MLAs Sayantika Banerjee and Reyat Hossain Sarkar, and ex-MP Kunal Ghosh from “making any defamatory or incorrect statement by way of publication and on social platforms” against governor CV Ananda Bose till Aug 14, when it hears the latter’s defamation suit next.
Justice Krishna Rao’s 21-page directive mentions that Bose prima facie made a case for an interim restraining order, stating that he would otherwise suffer “irreparable loss and injury to his reputation”.
In specific cases where a court of law is convinced that statements are being recklessly made to cause injury to reputation, it is justified in granting an injunction, the single-judge bench said. “If at this stage, an interim order is not granted, it would give a free hand to the defendants to continue making defamatory statements against the plaintiff and continue to tarnish his reputation.”
While Article 19(1)(a) of the Constitution grants citizens freedom of speech and expression, it is subject to restrictions under Article 19(2) that include defamation, the bench said.
Pointing out that the governor was a “constitutional authority”, the judge said, “He cannot meet the personal attacks being made by the defendants against him by taking the benefit of social media. The defendants had the knowledge that the criminal complaint initiated against the plaintiff is pending before the court of law.”
Didi challenges order
Mamata Banerjee, meanwhile, moved a Calcutta high court division against a single-bench order restraining her from making “defamatory and incorrect statements” against governor C V Ananda Bose “in publications or social media platforms” till Aug 14, arguing that “justifiable criticism” was not libel and that the order completely curbed her fundamental right to free speech. She said Justice Krishna Rao’s order, passed at pre-trial stage, had “severe ramifications” and was a “gag order” that had a “chilling effect” on her freedom of speech and expression, both individually and as a public representative.”
