The Supreme Court of India on Friday issued notice and ordered status quo in a plea filed by advocate Koustav Bagchi seeking to quash a defamation complaint lodged against him over a social media post relating to Mamata Banerjee.

In May 2025, Bagchi, who practises before the Calcutta High Court, had shared on Facebook an extract from a book written by Dipak Kumar Ghosh. The book allegedly contained certain details about Banerjee’s personal life before she became the Chief Minister of West Bengal.

Bagchi posted images of a few pages from the book on social media and is also alleged to have made remarks about the Chief Minister’s personal life during appearances on several television channels.

A bench of Justices B. V. Nagarathna and Ujjal Bhuyan passed the interim order while hearing a special leave petition challenging an October 31, 2025 order of the Calcutta High Court.

Senior advocate Siddharth Dave, appearing for Bagchi, submitted that the High Court had refused to interfere with a trial court order that had taken cognisance of the offence of defamation under the Bharatiya Nyaya Sanhita, 2023.

Dave argued that the book itself was never banned or prohibited and continues to remain in circulation. According to him, Bagchi had merely shared an extract from the book on social media.

He further contended that when the alleged offence concerns a public functionary such as the Chief Minister, cognisance can only be taken if the remarks relate to the discharge of the official’s public duties.

Earlier, the Chief Judge of the City Sessions Court in Kolkata had taken cognisance of the alleged offence and issued summons to Bagchi after hearing the complainant.

The High Court later upheld the trial court’s decision, observing that the extract referred to the Chief Minister’s oath-taking ceremony and therefore related to the conduct of a public servant in the discharge of her public functions.