CM moves HC division bench challenging single bench interim order

MP, 20 July 2024, Kolkata: Chief Minister Mamata Banerjee is learnt to have moved a division bench of the Calcutta High Court challenging the recent single bench interim order which restrained her from making any defamatory and incorrect statements against Governor C V Ananda Bose. 

It was learnt that the appeal was moved on Thursday and has so far not been listed for hearing. 

Recently, the single bench of Justice Krishna Rao passed the interim order stating: “…the defendants (Mamata Banerjee and others) are restrained from making any defamatory or incorrect statement against the plaintiff (Governor) by way of publication and on social media platforms till 14th August, 2024”. 

Earlier, in a statement of Sanjay Basu on behalf of the Chief Minister, it was stated: “The Hon’ble High Court has found that the allegations against the plaintiff (Hon’ble Governor) is in public domain and lodging of criminal complaint against the plaintiff is pending before the Court of law for adjudication. 

The Hon’ble Court has not arrived at any finding or conclusion that the statements challenged in the suit were defamatory or incorrect. 

The Hon’ble Chief Minister has merely alluded to the apprehensions of numerous women who have approached her. She has a right to freedom of speech that is guaranteed under Article 19 of the Constitution of India. She is responsible for the safety and security of women of the State and, in any case, she stands against any gender injustice. 

As a public representative and as a woman, she cannot shut her eyes and be oblivious to the felt sufferings and grievances of women. 

Therefore, as the statements made by the Chief Minister have not been found to be defamatory, we believe that the order of general restraint of speech is unfounded. Her utterances to the extent they represent rejection of injustice and gender asymmetry, cannot be restrained and, to that degree and in that sense, the order of the Hon’ble Court will be challenged.” 

Giving the interim order, the court had observed that the Governor was a Constitutional authority who could not defend himself against such remarks on any platform and that if the defendants were not restrained from making defamatory statements, it would cause irreparable loss and injury to the Governor. 

The court’s order read: “The plaintiff (Governor) is a Constitutional Authority. He cannot meet the personal attacks being made by the defendants (Mamata Banerjee and others) against him by taking the benefit of social media platforms. The defendants (Mamata Banerjee and others) had the knowledge that the criminal complaint initiated against the plaintiff is pending before the Court of law.” 

“This Court condemned that the statements have been made in a reckless manner in order to cause injury to the reputation of the plaintiff (Governor). If at this stage, an interim order is not granted it would give the free hands to the defendants (Mamata Banerjee and others) to continue making defamatory statements against the plaintiff (Governor) and continue to tarnish the reputation of the plaintiff (Governor) and the plaintiff (Governor) will further suffer irreparable loss and injury of his reputation,” read the order. 

https://www.millenniumpost.in/bengal/cm-moves-hc-division-bench-challenging-single-bench-interim-order-572543