The Calcutta High Court on Friday directed that Bengal Chief Minister Mamata Banerjee is free to make any statement concerning Governor C V Ananda Bose, not crossing the contours of freedom of speech and public duty.
"Otherwise, the appellants run the risk of being exposed to a claim for heavy damages and other retaliatory actions," the division bench, comprising Justices Biswaroop Chowdhury and I P Mukerji, said modifying the single bench order.
Ms Banerjee and Trinamool Congress leader Kunal Ghosh had moved an appeal before a division bench, challenging an interim order by a single bench directing the Chief Minister and three others not to make any defamatory or incorrect statement against the Governor by way of publication and on social platforms till August 14.
The court noted that the lawyers for the respondents in the defamation suit have "very correctly stated" that the statements referred to in the body of the judgment of the single judge "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 division bench said.
Passing the order, it observed that a man's reputation is sacrosanct to him and that the law gives him the right to protect it.
"An important part of this reputation is his moral character," the court observed, noting that the freedom of speech and expression is conferred on every citizen of India as a fundamental right.
Holding that this right "cannot be throttled or gagged", the bench said this freedom of expression is subject to reasonable restrictions.
The court said one of the restrictions applicable in this case is the restriction that applies to words, spoken or written, that tend to defame others.
The bench observed that public has the right to know the truth and if the truth is in the public interest, a member of the public has every right to expose it.
"If this right is vested in every citizen, such right is vested with more responsibility in the Chief Minister," it said.
The bench also said that expression of this freedom is, however, subject to certain conditions under the law of defamation.
"The first is that it should stand the test of justification or truth or must be a fair comment or the maker of the statement must owe a duty to the persons to whom the defamatory statement was published, which is described as qualified privilege.
"If the maker fails the test he is liable to pay damages in the civil action and may be charged with commission of an offence," the bench observed.
Mr Bose had sought to restrain Ms Banerjee, two newly elected MLAs and another Trinamool Congress leader from issuing remarks in connection with alleged incidents at Raj Bhavan.
The Bengal Governor filed the defamation suit against Mamata Banerjee's comment that women had expressed fear about visiting the Raj Bhavan, which he said were "erroneous and slanderous impressions".
The Chief Minister made the comment while expressing her displeasure over the confusion regarding the oath-taking ceremony of two newly elected party MLAs. She had backed their decision of not accepting the Governor's invitation to go to Raj Bhavan and attend the oath ceremony there.
The MLAs, Sayantika Banerjee and Reyat Hossain Sarkar, had written to him seeking to take oath at the assembly.