West Bengal: A single-judge bench of the High Court at Calcutta on Monday passed an interim order in favor of Dr. C.V. Ananda Bose, the Governor of West Bengal, in his defamation suit against Chief Minister Mamata Banerjee and others for allegedly making defamatory statements against him.
Justice Krishna Rao granted an interim injunction against the Chief Minister of West Bengal and other politicians, prohibiting them from making “any defamatory or incorrect statement against the plaintiff by way of publication and on social platforms” until August 14, 2024.
The court noted that the plaintiff, Dr. C.V. Ananda Bose, who is the Governor of West Bengal, had filed a suit against Chief Minister Mamata Banerjee and other politicians for alleged defamatory statements published in various newspapers on June 28 and 29, 2024.
Discussing the balance between freedom of speech and the right to reputation, the court observed, “Under Article 19(1)(a) of the Constitution of India, the right of freedom of speech and expression is afforded to all persons. However, the same is subject to restrictions under Article 19(2) of the Constitution of India, which includes defamation. Therefore, the right to freedom of speech and expression is not an unfettered right under which defamatory statements can be made to tarnish the reputation of a person.”
The court elaborated on the concept of defamation and cited several Supreme Court judgments. It held, “This Court is of the view that in appropriate cases where the Court is of the view that the statements have been made in a reckless manner in order to cause injury to the reputation of the plaintiff, the Court would be justified in granting an injunction.”
Expressing its view on balancing press freedom with the right to reputation, the court stated, “The fundamental right of freedom of speech has to be balanced with the right of reputation of an individual, which has been held to be a basic element of the right to life as provided under Article 21 of the Constitution of India.”
The court found that while some allegations against the Governor were already in the public domain due to ongoing legal proceedings, the defendants had made additional defamatory statements in newspapers.
Justice Rao concluded, “Considering the above circumstances, this Court finds that the plaintiff has made out a prima facie case and balance of convenience is in favor of the plaintiff. If at this stage, an interim order is not granted and the defendants are permitted to continue making defamatory statements against the plaintiff, the plaintiff will suffer further irreparable loss and injury to his reputation.”
In conclusion, while granting the interim injunction, the court set the next hearing date for August 14, 2024, and directed the defendants to file their affidavits in opposition within two weeks.
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