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2018 Supreme(Bom) 2823

IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT GOA BENCH
R.M. Borde, Prithviraj K. Chavan, JJ.
Trajano D''mello - Appellant
Versus
Special Secretary To Her Excellency Governor Of Goa - Respondent
Stamp Number Main No.3858 of 2018
Decided On : 20-12-2018

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

The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

Headnote:

PIL seeking medical evaluation of the Chief Minister by a team of expert Doctors and release of the medical reports to the public. The Court held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. Deprivation of the right can be done only under the authority of law and the law in the context means a valid legislation and the said law shall be just, fair and reasonable.

Fact of the Case:

The Petitioner, a social activist, filed a PIL seeking medical evaluation of the Chief Minister by a team of expert Doctors and release of the medical reports to the public. The Petitioner claimed that the Chief Minister was suffering from pancreatic cancer and that there had been administrative collapse for the last eight months. The Respondents-State objected to the maintainability of the Petition, contending that it was not maintainable, either in law or on facts.

Finding of the Court:

The Court held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. Deprivation of the right can be done only under the authority of law and the law in the context means a valid legislation and the said law shall be just, fair and reasonable. The Court further held that the Petitioner had not approached the Court with clean hands and had suppressed material facts as regards his political affiliation. The facts stated in the Petition were based merely on unverified newspaper reports. The allegations made in the Petition were merely based on presumptions and those had not been substantiated, though serious allegations were made in respect of functioning of the Office of the Chief Minister. There was absolutely no material to substantiate those allegations.

Issues: 1. Whether the right to privacy is protected under the Constitution of India? 2. Whether the Petitioner had approached the Court with clean hands? 3. Whether the facts stated in the Petition were based on unverified newspaper reports? 4. Whether the allegations made in the Petition were merely based on presumptions and those had not been substantiated?

Ratio Decidendi: The Court held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. Deprivation of the right can be done only under the authority of law and the law in the context means a valid legislation and the said law shall be just, fair and reasonable. The Court further held that the Petitioner had not approached the Court with clean hands and had suppressed material facts as regards his political affiliation. The facts stated in the Petition were based merely on unverified newspaper reports. The allegations made in the Petition were merely based on presumptions and those had not been substantiated, though serious allegations were made in respect of functioning of the Office of the Chief Minister. There was absolutely no material to substantiate those allegations.

Final Decision: The Court dismissed the PIL Writ Petition.

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 office. The Petitioner specifically contends that some senior bureaucrats have apprehensions that the signatures of the Chief Minister are being forged by two senior Bharatiya Janata Party (BJP) officials. The Petitioner also claims to have gained some information from the senior bureaucrats that the State Secretary is putting signatures on behalf of the Chief Minister and as such, the bureaucrats are refusing to act on such directives. It is further contended that since the party in power finds it difficult to get a replacement for the Chief Minister, inspite of the critical state of health of the Chief Minister he is being continued in the office. The Petitioner has also alleged that the Rules of Business of the Government of Goa are being flouted and are not being observed.

    4. Relying upon the reports published in the newspaper "O Heraldo" on 18 November 2018, it is contended that the Chief Minister of the State is suffering from pancreatic cancer, and that there had been administrative collapse for last eight months and the administration in the State has been completely paralysed. Referring to the press "conference" held by the Revenue Minister on 18 November 2018, it is stated in the Petition that the Chief Minister who is undergoing palliative care is not well. The Petitioner has approached the Honourable Governor seeking an intervention in the matter and a request is also made to conduct the medical evaluation of the Chief Minister by a team of expert Doctors and the medical reports of examination shall be released for the information of the public at the earliest. The Petitioner states in the Petition that he has secured information from various press releases, as well as the reports published by the Government of Goa, Information Department.

    5. The Petition was taken up for consideration on 26 November 2018 and, during the course of hearing of the Petition, the learned Advocate General caused appearance on behalf of Respondents No.2 and 3 and sought time to file reply. The Respondents have presented reply, objecting to the maintainability of the Petition. Entertainability of the Petition has been objected contending that the same is not maintainable, either in law or on facts. It is contended that the presentation of the PIL Petition is nothing, but an attempt to make a roving and fishing inquiry. The same is based on anecdotal statements and relies upon surmises and conjectures. It is contended that a writ of mandamus can be claimed when there is a legal right in favour of the Petitioner and the unjustifiable failure on the part of an authority in respect of a duty imposed. That the authority should be obliged in law to imperatively discharge the duty. The mandamus lies only where there is a specific legal right and that there is no legal reme

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