Top Court Stays Defamation Case Against Lawyer For Posting Book Extracts On Mamata Banerjee

The Supreme Court on Friday issued notice and ordered status quo in a plea filed by Advocate Koustav Bagchi seeking to quash a defamation complaint filed against him after he posted an extract of a book which had allegedly made certain remarks concerning the personal life of the Chief Minister of West Bengal, Mamata Banerjee.

What's The Case About

In May 2025, Koustav Bagchi, currently a practising advocate before the Calcutta High Court, shared an extract of a book authored by Dipak Kumar Ghosh on his Facebook account. The book had some alleged details of Mamata Banerjee's private life before she assumed the post of chief minister.

Bagchi uploaded some pages of the said book on social media platforms and also allegedly made comments on the personal life of the chief minister on several television networks.

Case History

A bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan passed the interim order in a special leave petition filed against the October 31, 2025, order passed by the Calcutta High Court.

Senior Advocate Siddharth Dave (for the petitioner) submitted that the High Court had dismissed the petitioner's revisional application seeking quashing of the Trial Court's order, taking cognisance of the offence of defamation under the Bharatiya Nyaya Sanhita, 2023 (BNS). 

Dave pointed out to the bench that the book was never named and continues to be in circulation. The petitioner had only posted an extract of that book on his social media, he added. 

He also stated that if the alleged offence is committed against a public functionary, such as the Chief Minister, cognisance can only be taken if the conduct is in discharge of "public functions" of the said functionary.

After giving an opportunity of hearing to the applicant, the Chief Judge of the City Sessions Court, Calcutta, took cognisance of the offence and ordered the issuance of a summons.

Upholding this order, the High Court said that the extract pertains to the oath-taking ceremony and therefore is related to the conduct of the public servant in the discharge of her public functions.