Panaji: Local Politician and social activist Trajano D’Mello’s petition on health condition of CM Manohar Parrikar was dismissed by the Bombay High Court at Goa.
The Division Bench comprising Justice Prithviraj K Chavan and R M Borde said that seeking Parrikar’s medical examination by a panel of doctors and to report the outcome to the public is an outrageous overstepping in the territory of privacy of an individual and it would be impermissible in law to grant such a request.
Social activist Trajano D’Mello this month had filed the petition seeking details of the health conditions of Parrikar and also had pleaded that the medical examination be conducted by panel of doctors on the ailing chief minister.
The Bench in its order has said that the petition was half hearted attempt to make serous inroads in the territory of privacy of an individual, which was not appreciable.
“The constitutional functionary, merely on account of his ill-health, is not incapable to occupy the constitutional position which he occupies on account of his proven majority before the House of Legislature, and any individual who has rival political interest has to adopt a democratic method to unsettle the political power,” the Court ruled.
The division bench also ruled that there is no legislation in place which can form foundation of the claim raised in the petition.
“Seeking strictly private and confidential information” which deals with the privacy of the Chief Minister, without making the latter a party to the petition was not entertainable,” the order reads.
The Bench observed that the litigation initiated under the garb of public interest litigation shall have to be categorized, as has been branded by the Supreme Court, either as a ‘publicity interest litigation’ or a ‘private interest litigation’ or a ‘political interest litigation’.
