KOLKATA: The Calcutta HC has restrained Bengal CM Mamata Banerjee, newly elected Trinamool MLAs Sayantika Banerjee and Reyat Hossain Sarkar, and ex-MP Kunal Ghosh from “making any defamatory or incorrect assertion by means of publication and on social platforms” in opposition to governor CV Ananda Bose until August 14, when it hears the latter’s defamation go well with subsequent.
Justice Krishna Rao‘s 21-page directive, issued Monday, mentions that Bose prima facie made a case for an interim restraining order, stating that he would in any other case undergo “irreparable loss and damage to his repute”.
In particular circumstances the place a court docket of legislation is satisfied that statements are being recklessly made to trigger damage to repute, it’s justified in granting an injunction, the single-judge bench mentioned. “If at this stage, an interim order will not be granted, it will give a free hand to the defendants to proceed making defamatory statements in opposition to the plaintiff and proceed to tarnish his repute.”
Whereas Article 19(1)(a) of the Structure grants residents freedom of speech and expression, it’s topic to restrictions underneath Article 19(2) that embody defamation, the bench mentioned.
Declaring that governor was a “constitutional authority”, the decide mentioned, “He can not meet private assaults being made by defendants in opposition to him by taking good thing about social media. The defendants had the data that the legal grievance initiated in opposition to the plaintiff is pending earlier than the court docket of legislation.” Mamata’s authorized staff mentioned she intends to problem the order, which was uploaded Tuesday to the HC portal.
Justice Krishna Rao‘s 21-page directive, issued Monday, mentions that Bose prima facie made a case for an interim restraining order, stating that he would in any other case undergo “irreparable loss and damage to his repute”.
In particular circumstances the place a court docket of legislation is satisfied that statements are being recklessly made to trigger damage to repute, it’s justified in granting an injunction, the single-judge bench mentioned. “If at this stage, an interim order will not be granted, it will give a free hand to the defendants to proceed making defamatory statements in opposition to the plaintiff and proceed to tarnish his repute.”
Whereas Article 19(1)(a) of the Structure grants residents freedom of speech and expression, it’s topic to restrictions underneath Article 19(2) that embody defamation, the bench mentioned.
Declaring that governor was a “constitutional authority”, the decide mentioned, “He can not meet private assaults being made by defendants in opposition to him by taking good thing about social media. The defendants had the data that the legal grievance initiated in opposition to the plaintiff is pending earlier than the court docket of legislation.” Mamata’s authorized staff mentioned she intends to problem the order, which was uploaded Tuesday to the HC portal.
