High Court Ruling Clears Path for Mamata Banerjee to Speak on Bengal Governor, Sets Restrictions

The Calcutta High Court on Friday clarified that Bengal Chief Minister Mamata Banerjee is allowed to make statements regarding Governor C.V. Ananda Bose, provided she adheres to the principles of freedom of speech. The court emphasized that Banerjee and others must be cautious not to defame the Governor, as doing so could lead to substantial damages and other legal consequences.

The division bench, comprising Justices Biswaroop Chowdhury and I.P. Mukerji, modified an earlier single-bench order that had imposed restrictions on Banerjee and three others. This earlier order had prohibited them from making any defamatory or incorrect statements about the Governor until August 14. The court observed that the statements in question had not been specifically declared defamatory or incorrect by the single bench. Consequently, the new order only applies to future statements made by the appellants, not past ones.

In its ruling, the bench highlighted the importance of protecting an individual's reputation, which includes their moral character. The court affirmed that freedom of speech is a fundamental right guaranteed to all Indian citizens but is subject to reasonable restrictions. These restrictions include laws against defamation.

The bench noted that the public has a right to know the truth, especially if it serves the public interest. It stated, "If this right is vested in every citizen, such right is vested with more responsibility in the Chief Minister."

The court also addressed the conditions under which statements might be considered defamatory. It explained that such statements must either be true, fair comment, or made with a duty to the audience, known as qualified privilege. Failure to meet these criteria could result in civil damages or criminal charges.

Governor Bose had sought to prevent West Bengal Chief Minister Mamata Banerjee and two newly elected MLAs, along with another Trinamool Congress leader, from making remarks about alleged incidents at Raj Bhavan. The Governor's defamation suit was triggered by Banerjee’s comments that women were apprehensive about visiting Raj Bhavan. These remarks, made in the context of the confusion surrounding the oath-taking ceremony for two MLAs, were deemed "erroneous and slanderous" by the Governor.​​