india

Updated: Dec 20, 2018 21:01 IST

The Bombay high court has dismissed a public interest petition, which sought the disclosure of Goa chief minister Manohar Parrikar’s ‘real’ health condition, calling such a request a “violent invasion of the right of privacy of the chief minister.”

Quoting extensively from the Supreme Court’s 2017 judgement which held privacy to be a fundamental right, the court ruled that “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.”

Local politician, Trajano D’Mello approached the Bombay high court at Goa, seeking “a medical evaluation of the chief minister by a team of expert doctors” and the release of the medical reports to the public.

It also sought a declaration from the court that “citizens of the state are entitled to know the state of health of the chief minister” on account of him being a constitutional functionary.

D’Mello had argued that the larger public interest would prevail over the individual right of privacy and in a democratic setup, the interest of the public at large shall have to be considered, with utmost priority. In response, the state contended that the chief minister was holding “regular cabinet meetings”.

But his arguments found no favour with the court.

“Deprivation of the right can be done only under the authority of law and the law in the context means valid legislation and the said law shall be just, fair and reasonable. The chief minister has an individual right to protect his privacy and the information as regards his health status cannot be divulged without his consent,” the court ruled.

“Claiming relief of examination of the chief minister 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 which would be impermissible in law to grant such request,” the court said.

Until his recent foray to the locations of two under-construction bridges in the state, Parrikar has remained confined to his private residence ever since his discharge from the All India Institute of Medical Sciences on October 15 this year.

His absence from the public eye has led to speculation about his health. Outbursts by ministers and ruling party functionaries coupled with constant barbs from the opposition alleging an “administrative collapse” in the state has only compounded the situation.