the goan I network
PANAJI
The Bombay High Court at Goa on Tuesday questioned the government whether they have consulted the Chief Minister before claiming, as they did, that revealing details of Chief Minister Manohar Parrikar’s illness would invade his fundamental right to privacy and not serve public good.
While keeping the matter for tomorrow, the HC also asked the state whether they could submit the CM’s medical reports in a sealed envelope before the Court.
Social activist Trajano D’Mello had filed a petition seeking directions from the court to “immediately conduct a medical evaluation by a team of expert doctors” on Parrikar and to make the report public, the CS has claimed that the petition was not maintainable as it was “nothing but a roving and fishing inquiry. It is based on anecdotal statements and conjecture.”
In response, Chief Secretary filed a response seeking that the petition not be admitted.
“The petitioner... seeks to assail the Right to Privacy of Parrikar as an individual and is seeking reliefs which directly affect the fundamental rights of Parrikar without joining him as a party to the petition,” Chief Secretary Dharmendra Sharma said.
“The relief sought by the petition is to disclose such medical information which is directly covered by fiduciary relationship between doctor and a client and entirely within the domain of a patients’ rights which clearly fall outside the scope of Public Interest Litigation,” he said.
He referred to Rule 2.2 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 which he said stipulates that info available to a physician about a patient during medical attendance should never be made revealed unless required by laws of state it being part of patient and doctor confidentiality.
“If the contentions of the petitioner are accepted, it will set a very dangerous precedent where everybody/anybody will start asking for all medical records of persons occupying high offices using the masquerade of public interest,” the Chief Secretary said.
