Calcutta HC lifts gag on Mamata Banerjee from making statements against Guv Bose
The court, however, warned of retaliatory actions if the statements of the chief minister and other TMC leaders cross the contours of freedom of speech and expression
A division bench of the Calcutta high court on Friday lifted a restraint imposed by a single bench on West Bengal chief minister Mamata Banerjee from making any statements against Governor CV Ananda Bose.
The bench, however, warned of retaliatory actions if the statements of the chief minister and other Trinamool Congress leaders (TMC) cross the contours of freedom of speech and expression.
“We only clarify or modify the said order by saying that the appellants will be free to make any statement concerning his Excellency the Governor not crossing the contours of freedom of speech and expression and public duty as described above. Otherwise, the appellants run the risk of being exposed to a claim for heavy damages and other retaliatory actions,” the bench stated.
Earlier this month, in an interim order, a single bench of justice Krishna Rao had put a gag on Banerjee and three other TMC leaders from making any defamatory statement against Bose till August 14.
Bose had filed a defamation suit seeking a restraint on Banerjee and other TMC leaders from making further comments in connection with recent allegations of sexual harassment against him.
Banerjee, however, moved the division bench challenging the single bench’s order. The division bench of justices IP Mukherji and Biswaroop Chowdhury heard the matter on Friday.
The division bench said Banerjee had all the right to make statements against the governor as long as they were not defamatory in nature.
The court also said that the impugned order of the single bench restrains the appellants “from making any defamatory or incorrect statement against the respondent by way of publication and on social platform till 14th August, 2024.”
“It has been correctly stated by senior advocates, appearing for the appellants and respondents, that the statements referred to in the body of the judgement (of the single bench) have not even prima facie been declared to be defamatory of his Excellency or incorrect. In the absence of such declaration what is the defamatory statement referred to in the impugned order which is being restrained from being published in future is not known. This order applies to statements being made by the appellants in future,” the bench stated.
Meanwhile, the woman who accused Bose of sexually harassing her, has written to the President and Prime Minister, narrating the alleged incident.
“I have sent letters to President of India Droupadi Murmu, Vice President Jagdeep Dhankhar, Prime Minister Narendra Modi and Union home minister Amit Shah earlier this week narrating what had happened at Raj Bhavan,” she sad while refusing to divulge the contents of the letter.
On May 2, the woman, a contractual woman employee of Raj Bhavan, had made an allegation of molestation against Bose, following which the Kolkata Police started an enquiry. Under Article 361 of the Constitution of India, no criminal proceedings can be instituted against a governor during his/her term in office.