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regular-article-logo Wednesday, 30 October 2024

Calcutta High Court leash on Mamata Banerjee on comments on Governor

Besides Mamata and MLAs Sayantika Banerjee and Reyat Hossain Sarkar, the order also applies to Trinamool leader Kunal Ghosh

Tapas Ghosh Calcutta Published 17.07.24, 10:02 AM
Calcutta High Court

Calcutta High Court File image

Calcutta High Court on Tuesday issued an interim order that restrained chief minister Mamata Banerjee and three others, including two newly elected Trinamool Congress MLAs, from making any “defamatory or incorrect statement” against governor C.V. Ananda Bose at least till August 14.

Besides Mamata and MLAs Sayantika Banerjee and Reyat Hossain Sarkar, the order also applies to Trinamool leader Kunal Ghosh.

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Justice Krishna Rao, who issued the interim order, fixed August 14 for the final hearing of the defamation suit filed by the governor, who accused the chief minister and the others of trying to tarnish his image by making some adverse comments against him.

The court directed all the parties involved to file affidavits by the next hearing date.

In his order, Justice Rao said: “In the present case, admittedly the plaintiff is a Constitutional Authority. The allegation made against the plaintiff is pending before the appropriate Court but even, paper publication is made by making allegation against the plaintiff. Considering the above circumstances, this Court finds that the plaintiff has made out a prima facie case and balance of convenience are in favour of the plaintiff and at this stage, an interim order is not granted and the defendants are permitted to continue making defamatory statement against the plaintiff, the plaintiff will further suffer irreparable loss and injury of his reputation.”

Reacting to the high court order, Sanjay Basu, who is the advocate for Mamata, issued a statement on behalf of the chief minister late on Tuesday evening.

The statement says: “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.”

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