(Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Mandamus, directing the respondents to forbear from publishing the photographs of the debtors in any newspaper or magazine whatsoever as threatened in the warning notice dated 22.5.2006 issued by the first respondent.)

The question as to whether a Bank/Financial Institution, has the right to publish the photograph of the defaulting borrower in Newspapers, and if such publication offends Article 21 of the Constitution, falls for consideration in this writ petition.

2. The petitioner borrowed a term loan of Rs.6 lakhs from the State Bank of India on 15.5.2001. On the petitioner committing default in payment of the monthly instalments, the Bank issued a notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, on 6.2.2006. Subsequently, the Bank also issued a notice dated 22.5.2006, threatening to recover the loan by enforcing the security and bringing it to sale by publishing the details of the properties as well as the photographs of the borrower and the surety in Tamil and English Newspapers.

3. Contending