HC Restrains Bengal CM Mamata Banerjee, 3 Others From Making Derogatory Comments About Guv Bose

The Calcutta High Court has issued an interim order restraining West Bengal CM Mamata Banerjee and three others from making defamatory statements against Governor CV Ananda Bose until August 14.

The Calcutta High Court on Tuesday issued an interim order restraining West Bengal Chief Minister Mamata Banerjee and three others from making any defamatory or incorrect statements against Governor CV Ananda Bose. Justice Krishna Rao, in his ruling, stated that the matter would be heard again on August 14. The order comes after Governor Bose filed a defamation suit against Banerjee, two newly-elected TMC MLAs—Sayantika Banerjee and Reyat Hossain Sarkar—and party leader Kunal Ghosh, news agency PTI reported.

The suit was in response to remarks made by Banerjee during a controversy over the oath-taking of the two new MLAs.

The dispute arose when the newly elected TMC MLAs expressed their desire to be sworn in at the assembly, while the governor preferred the ceremony to be held at Raj Bhavan. In light of this imbroglio, Governor Bose sought an interim order to restrain Banerjee and the others from making further comments about the alleged incidents at Raj Bhavan.

Justice Rao's order specifically restrains Banerjee and the three others from making any defamatory or incorrect statements against the plaintiff, Governor Bose, through publication or social media until August 14, 2024. The court also directed Banerjee and the others to file their affidavit in opposition within two weeks, with Bose's response due one week thereafter, PTI reported.

The court's decision to issue the interim order was based on the concern that without it, the defendants could continue making defamatory statements, thereby tarnishing the governor's reputation.

"This Court is of the view that in appropriate cases where the Court is of the view that the statements have been made in reckless manner in order to cause injury to the reputation of the plaintiff, the Court would be justified in granting injunction. If 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," observed Justice Rao.

Justice Rao further noted the limitations faced by a constitutional authority like the governor in responding to personal attacks made through social media platforms. He remarked that the defendants were aware of the pending criminal complaint initiated against the plaintiff.

"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. The defendants had the knowledge that the criminal complaint initiated against the plaintiff is pending before the Court of law," he stated.

Mamata Banerjee's lawyer, Sanjay Basu, announced that the court's order would be challenged before a higher bench. Basu stated that Banerjee stands by her comments, emphasising that they were made in the interest of public welfare, PTI reported.

'Truth Will Triumph': Bengal Governor CV Ananda Bose Hails High Court Order Restraining CM Mamata

West Bengal Governor CV Ananda Bose hailed the High Court order saying, "Truth will triumph. I wish and pray, God throws light on the path of CM Mamata Banerjee. I dedicate myself under service to the people of Bengal."

TMC leader Kunal Ghosh emphasised CM Mamata never used any defamatory words against the Governor as he told ANI, "One interim order of the High Court has come. We do not have the order copy...The CM has never used any defamatory words against the Governor...I respect the court..."

The hearing for the interim order concluded on Monday, with the court reserving its decision until Tuesday.