Bombay HC dismisses petition seeking Manohar Parrikar’s medical examination

Panaji, Dec 20: The High Court of Bombay at Goa on Thursday dismissed a petition seeking medical examination of ailing Chief Minister Manohar Parrikar and, simultaneously, upheld his right to privacy. It also ruled that ill health does not make one incapable of occupying a constitutional position.

"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 order by Justices Prithiraj K. Chavan and R.M. Borde said.

The court also called the action of 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 which would be impermissible in law to grant such request".

It stated, "There is no legislation in place which can form foundation of the claim raised in the petition."

The order said, "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 court rebuked the petitioner, saying "The litigation initiated under the garb of public interest litigation shall have to be categorised, as has been branded by the Supreme Court, either as a 'publicity interest litigation' or a 'private interest litigation' or a 'political interest litigation'."

Parrikar is suffering from advanced pancreatic cancer and has been in and out of hospitals in Goa, Mumbai, New York and Delhi for nearly nine months. The Opposition has demanded Parrikar's resignation on account of his prolonged ill-health.