Calcutta High Court Dismisses PIL To Restrain CM Mamata Banerjee From Making Allegedly “Provocative Speeches” At Eid Gathering

The Calcutta High Court today dismissed a PIL filed against West Bengal Chief Minister Mamata Banerjee (“private respondent”) for restraining her from using allegedly “provocative speeches” at the “Red Road religious congregation” on the occasion of Eid-u-Fitr, next year.

A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya orally remarked:

“A similar matter had come earlier…we didn’t entertain…and this is already over. Now what to do? We should issue an injunction against the private respondent? Who is the petitioner? How did she come to know of the speeches? Through a news paper report? Ah, the foundation of the PIL is only a newspaper report. You have to do some research. If it is hate speech according to you, the CrPC provides you sufficient remedies.”

Petitioner claimed to be the Chairperson of the “Muslim Women Resistance Committee” & Khan Legal Solicitor firm. It was submitted that the private respondent enters religious congregation during Eid-u-Fitr every year since 2011 and her recent "provocative speech" that allegedly led to Ram Navami violence cast an apprehension that a similar situation may again take place if the private respondent is not restrained.

Petitioner submitted the alleged ‘provocative speeches’ made by the private respondent had gone against the letter and spirit of Islam. To substantiate her arguments, the petitioner sought to file certain verses from the Holy Quran, through a supplementary affidavit.

Such a request was denied by the Court, and it dismissed the PIL by holding:

“We find that the petition is based on news paper reports, and apart from sending a representation to the Chief Secretary, no research has been done by the petitioner. In any event, the relief sought for cannot be granted in a PIL. If according to the petitioner, certain sentiments have been hurt by certain speeches, then law provides adequate remedy for redressal of such grievances.”

Case: Nazia Elahi Khan vs State of West Bengal and Ors.

Coram: Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya

Citation: 2023 LiveLaw (Cal) 201