PANJIM: The State government has said that the petition seeking health bulletin of Chief Minister Manohar Parrikar is not in good faith as it intends to affect the fundamental rights of the CM as an individual.
“The present petition is absolutely lacking in utmost good faith which is an essential prerequisite for the maintainability of public interest litigation. The petitioner’s claim of administrative collapse is absolutely unsubstantiated, vague and is entirely based on hearsay which cannot be the basis of a PIL or for grant of writ of mandamus or a writ in the nature of mandamus. The petitioner through this PIL indirectly seeks to assail the Right of Privacy of CM, as an individual,” reads the affidavit filed by Chief Secretary Dharmendra Sharma in the High Court of Bombay at Goa on Friday.
The high court is hearing a petition filed by activist Trajano D’Mello seeking a public health bulletin of the Chief Minister and raised apprehensions that Parrikar’s signatures on several official documents are being forged. The petitioner also brought to the notice of the court that ‘despite physically incapacitated and bed ridden in the ICU, Parrikar has breached Constitutional trust by virtue to remain as CM despite the fact that he is physically and mentally incapable of discharging his Constitutional obligations.’
The Government’s reply, which came after nearly three delays, further argued that there is no genuine grievance by the petitioner to substantiate his allegation of administrative collapse in the State.
The Chief Secretary has brought to the notice of the High Court that CM regularly chairs Cabinet meetings, meets the Legislators and takes decisions on various matters concerning the State. He alleged that while the petitioner has filed his petition based on certain news clippings, he has ignored the news reports about CM being apprised of various aspects concerning the State administration.
“The petitioner has relied upon only those press items which suit him. The petitioner is therefore guilty of suppressing vital information from this Court,” Sharma stated.
“The entire petition is lacking in any material particulars and as such is a roving and a fishing inquiry which prima facie is inadmissible,” he said while submitting that the petition is non maintainable.
On the disclosure of CM’s health status, the affidavit states that like ‘any other person who may not occupy public office has a right to not disclose his health problems to the public, if a person is directed to disclose his health ailments to the public merely because he happens to be the CM, the same would be violation of Right to Privacy under Article 21.’
