After Calcutta HC’s restraint order against West Bengal CM Mamata Banerjee, her lawyer says will challenge the order

Calcutta High Court restrains Mamata Banerjee from defamatory statements against Governor; lawyer defends Chief Minister's freedom of speech.

After the Calcutta High Court restrained West Bengal Chief Minister Mamata Banerjee from making any defamatory statements against the Governor C.V. Ananda Bose, the lawyer representing the Chief Minister said that she has a right to freedom of speech and was alluding to the apprehensions of numerous women who approached her.

Sanjay Basu, the lawyer representing the Chief Minister said the utterances of Ms. Banerjee to the extent they represent rejection of injustice and gender asymmetry, cannot be restrained and the “order of the Hon’ble Court will be challenged”.

“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,” Mr. Basu said.

In an interim order, the High Court had restrained Chief Minister Mamata Banerjee and three other Trinamool leaders from making any defamatory statements against the Governor till August 14.

“In view of the above, the defendants are restrained from making any defamatory or incorrect statement against the plaintiff by way of publication and on social platforms till 14th August, 2024,” the order by Justice Krishna Rao said in an order dated July 15.

The Governor had filed a defamation case against the Chief Minister after she said that women have told her that they are scared of visiting Raj Bhawan. The remarks were made after a contractual woman employee of Raj Bhavan had made an allegation of sexual harassment against the Governor on May 2.

Mr. Basu in his statement added that the Chief Minister 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,” the lawyer noted.