Modifying an interim order passed by a single bench, a division bench of the Calcutta high court on Friday permitted West Bengal chief minister Mamata Banerjee to make statements on Governor CV Ananda Bose.
The remarks, however, must not be ‘incorrect or defamatory,’ the bench headed by Justice IP Mukerji and also comprising Justice Biswaroop Chowdhury, ruled.
“…otherwise, the appellants run the risk of being exposed to a claim for heavy damages and other retaliatory actions,” it said.
The directions came on an appeal by CM Mamata Banerjee and Kunal Ghosh of her Trinamool Congress party, against the order of the bench of Calcutta HC’s Justice Krishna Rao.
Ruling on the defamation suit moved by the governor, Justice Rao, on July 15, restrained the chief minister from ‘defamatory’ statements against Bose for a month, i.e., till August 14.
The defamation suit was filed over Banerjee’s claim that women staffers of the Raj Bhavan, the residence of the governor, had told her that they felt ‘unsafe’ at the Raj Bhavan due to the recent allegations of sexual harassment against the governor.
‘Prima facie, statement not declared defamatory’
The bench of Justices Mukerji and Chowdhury observed that the lawyers for the respondents ‘correctly pointed out’ that the statements referred to in the original judgment, ‘have not even prima facie been declared to be defamatory of his excellency, or incorrect.’
“In the absence of any such declaration, the (original) order applies to statements being made by the appellants in the future,” the judges noted.
However, they also emphasised that a man’s reputation is ‘sacrosanct’ to him and that the law gives him the ‘right to protect it,’ adding that the freedom of expression is subject to ‘reasonable restrictions.’
“If the truth is in public interest, a member of the public has every right to expose it. If this right is vested in every citizen, such right is vested with more responsibility in the chief minister,” they stated.
