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2018 Supreme(Bom) 2823

R.M.BORDE, PRITHVIRAJ K.CHAVAN
Trajano D''mello – Appellant
Versus
Special Secretary To Her Excellency Governor Of Goa – Respondent


Advocates Appeared:
Shri. Rohit Bras De Sa, Advocate, for the Petitioner; Shri. Dattaprasad Lawande, Advocate General with Shri. P. Dangui, Government Advocate, for the Respondents No.2 and 3

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The right to privacy is recognized as an intrinsic part of the right to life and personal liberty under the Constitution. It is protected as a fundamental right and cannot be infringed upon except under the authority of law that is just, fair, and reasonable (!) (!) .

  2. Privacy encompasses the preservation of personal intimacies, family life, marriage, procreation, home, and sexual orientation. It also includes the individual's autonomy to make personal choices and control vital aspects of their life (!) (!) .

  3. Any invasion of privacy must meet the criteria of legality, need, and proportionality. The law authorizing such invasion must be valid, just, fair, and reasonable, and the invasion must be necessary for a legitimate state aim (!) .

  4. The right to privacy is not absolute. It can be restricted only through procedures that are fair, just, and reasonable, and such restrictions must be based on a valid law. Privacy rights are subject to reasonable expectations and societal interests (!) (!) .

  5. The confidentiality of personal health information is protected by the fiduciary relationship between a doctor and a patient. Such information cannot be disclosed without the individual's consent, and unauthorized disclosure would constitute an invasion of privacy (!) (!) (!) .

  6. The right to privacy also extends to personal medical details, and such information is considered private and personal. Disclosure without consent, especially in the absence of a larger public interest, would be an infringement of privacy rights (!) (!) .

  7. The right to privacy is linked to human dignity and individual autonomy. It is essential for the exercise of other fundamental rights, including freedom of speech, expression, and the right to information (!) (!) .

  8. The exercise of the right to information and transparency must be balanced against the individual's right to privacy. While citizens have the right to know about the functioning of their government and public officials, this right is subject to limitations to protect individual privacy and personal details (!) (!) (!) .

  9. Public interest must be genuine and substantial; petitions or litigations driven by personal, political, or extraneous motives are not considered valid as public interest litigations (!) (!) (!) .

  10. A petitioner seeking information or relief must approach the court with clean hands, providing complete and verified facts. Reliance on unverified newspaper reports or vague allegations is insufficient and can lead to dismissal (!) (!) (!) .

  11. The court emphasizes that the petitioner must have a legitimate interest and must not use PIL as a tool for personal or political gains. Pleadings should be complete, and the petitioner must disclose relevant personal and political details to establish bona fide intent (!) (!) (!) .

  12. The right to privacy also includes the protection of personal choices and behavioral patterns against unwarranted intrusion, especially in matters that are intimate or personal (!) .

  13. When considering restrictions on privacy, the law must ensure a rational connection between the restriction and the legitimate aim pursued, maintaining a balance between individual rights and societal interests (!) .

  14. The court underscores that privacy is a core aspect of human personality and dignity, and any invasion must be justified by law and necessity, respecting the principles of fairness and proportionality (!) (!) .

  15. The court dismissed the petition because it lacked proper material, was based on unverified reports, and was driven by extraneous motives, emphasizing that petitions must be founded on genuine public interest and complete, verified facts (!) (!) (!) .

In summary, the legal principles reaffirm that privacy is a fundamental right linked to human dignity, which can only be restricted under strict legal and procedural safeguards. Personal health information, especially, is protected and cannot be disclosed without explicit consent unless a significant public interest justifies such disclosure. Public interest litigation must be genuine, well-founded, and free from personal or political motives.


JUDGMENT

R.M. Borde, J. - Heard the learned Counsel appearing for the Petitioner and Shri Dattaprasad Lawande, the learned Advocate General appearing for the Respondents-State of Goa.

2. The Petitioner, who claims to be a social activist, has presented the instant PIL Writ Petition claiming the following reliefs :

    (A) To issue a writ of mandamus or enforce the writ in the nature of mandamus, directing the Chief Secretary to immediately conduct medical evaluation of the Chief Minister by a team of expert Doctors and the medical reports be released to the members of the public.

    (B) The Petitioner has also sought a declaration under Article 226 of the Constitution of India, declaring that the citizens of the State are entitled to know the state of health of the Chief Minister who is the constitutional functionary and the general public be informed the necessary information as regards the state of health of the Chief Minister.

    3. The Petitioner places reliance on the newspaper reports and certain advertisements released by the Government to support his contention that the state of health of the Chief Minister is critical and he is not in a position to perform the obligations of his offi

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