Supreme Court stays case against BJP's Koustav Bagchi after he agrees to take down FB post on Mamata Banerjee’s personal life

Bharatiya Janata Party (BJP) leader and lawyer Koustav Bagchi on Friday agreed before the Supreme Court to take down a Facebook post containing remarks about the personal life of West Bengal Chief Minister Mamata Banerjee. [Koustav Bagchi v. State of West Bengal].A Bench of Justices BV Nagarathna and Ujjal Bhuyan recorded the submission made by Senior Advocate Siddharth Dave, appearing for Bagchi.The Court noted,“To mitigate the controversy, the petitioner has filed an undertaking before this Court and has agreed to take down the material he published on social media. In these circumstances, he prayed for some protection."The Bench thereafter issued notice to the State of West Bengal and stayed further proceedings in the criminal case pending before a trial court in Kolkata.“Issue notice to the respondents. The petitioner’s counsel is permitted to serve notice on the standing counsel for the respondent State. Further proceedings in Complaint Case No. 1 of 2025 pending before the learned Chief Judge, City Sessions Court, Bichar Bhawan, Calcutta, are stayed,” the Court ordered..The case arises from a Facebook post by Bagchi, who allegedly shared excerpts from a book claiming that Banerjee had entered into a clandestine marriage. He also made allegations about her personal life prior to assuming office.Following this, a public prosecutor filed a complaint before the sessions court, alleging commission of an offence under Section 356(2) of the Bharatiya Nyaya Sanhita (BNS), which deals with criminal defamation.The sessions court took cognisance of the offence and issued summons to Bagchi.His challenge to the order was later rejected by the Calcutta High Court, after which he approached the top court..During the hearing today, Justice Nagarathna asked Bagchi’s counsel how the petitioner could comment on the private affairs of someone merely because she is a public figure.“Why should the petitioner comment on the private affairs of a person who is a public figure? How is he concerned? How is the petitioner concerned with someone’s private life? He has no better work,” she remarked.Dave, appearing for Bagchi, argued that the complaint was filed by the public prosecutor even though the alleged remarks related to Banerjee’s personal life and not to her conduct in the discharge of public functions.“This is not a public function,” he submitted.Dave further argued that public office holders must be open to criticism.“If you hold high public office and cannot stand the heat, then don’t stand in the kitchen,” he said.Justice Nagarathna, however, observed that every individual is entitled to dignity and reputation.“Everyone has a right to dignity and reputation,” she said..Dave also submitted that the content shared by Bagchi was drawn from a book published in 2015, which has not been banned and against which no defamation proceedings have been initiated.At this stage, Justice Nagarathna suggested that the matter could be resolved if the post was taken down.Dave then agreed to take down the post, while pressing for a stay on the trial proceedings.After hearing the counsel, the Court issued notice to the State government and stayed further proceedings in the case..[Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.