HC restrains CM, others from making ‘defamatory’ statements against Guv

MP, 17 July 2024, Kolkata: The Calcutta High Court has restrained Chief Minister Mamata Banerjee from making any defamatory statements against Governor C V Ananda Bose in a defamation suit filed by the Governor against the CM. 

A 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”. 

The court 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. 

Meanwhile, 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.” 

Earlier, Chief Minsiter had told the court that her statements where she stated that women had told her that they were “feeling unsafe” to visit the Raj Bhavan due to sexual harassment allegations by the governor contained “nothing defamatory”. 

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. 

Meanwhile, TMC leader Riju Datta censored BJP’s Amit Malviya over is post on the matter. He wrote on X: “A Rapists Recruiter, who was himself dealing with similar allegations a month back, will obviously defend the one who is allegedly involved in molesting women.” 

TMC MP Mahua Moitra wrote on X: “Unbelievable. Governor will molest & sexually harass women in Rajbhavan premises, claim constitutional immunity & state CM is told to not comment on it

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