PANJIM: A day after Bombay High Court at Goa dismissed his public interest litigation (PIL) seeking medical evaluation of Chief Minister Manohar Parrikar, Trajano D’Mello, expressing his unhappiness on the same, has now decided challenge the dismissal in the Supreme Court.
The High Court on Thursday had dismissed the petition filed by D’Mello calling it as “outrageous overstepping into privacy” of the chief minister and had held that mere ill-health does not make a constitutional functionary incapable of holding his post.
Speaking to the media, Adv Rohit Bras De Sa, representing the D’Mello, said that he would be approaching the Supreme Court as State Chief Secretary had hidden several facts before the High Court in his submission as a response to the petition filed by D’Mello.
“I have advised my client that we have to take this matter to Supreme Court in the larger interest of the State as well as the people of the country. We cannot have a constitutional authority like the Chief Minister who is not in a position to discharge his constitutional functions to give oral directions to Principal Secretary to record his statement,” De Sa said in presence of D’Mello.
Adv De Sa said that the Chief Secretary did not disclose to the court that CM is not in a position to sign and he cannot go through the files because of secondary infection as per Chief Minister’s own note issued on February 28, 2018, soon after he fell ill.
“Wasn’t it duty of Chief Secretary to inform the court? Why has Chief Secretary suppressed information from the Court and this is what we will be producing before the Supreme Court. This note itself collaborates with the petitioner’s contention that Chief Minister’s signatures are been forged,” he said.
“We also will be producing before Supreme Court the press reports and transcripts of the press conferences held by the ministers – State Revenue Minister Rohan Khaunte and alliance partner MGP (demanding that the charge of CM post should be handed over to someone else). We will be giving sealed cover, the CDs and video recordings of all those press conferences held by the ministers. If they want more proof then we will have to give it to the Supreme Court,” the lawyer added.
He said that the Court had noted that the petitioner had not made Chief Minister, a party to the petition. “The CM is a constitutional authority and there are several judgments in the Supreme Court wherein the (Apex) Court has frowned for making constitutional authorities, respondent in the petition,” he clarified.
“We were pretty surprised that one of the grounds for dismissal of the petition was that CM was not made the party,” De Sa said.
The division bench had also ruled that the plea under the garb of public interest litigation (PIL) will have to be categorised, as stated by the Supreme Court, a “publicity interest litigation” or “private interest litigation” or “political interest litigation”.
D’Mello said that he is in discussion with the lawyer to approach Supreme Court challenging High Court judgment.
He said that the petition was not filed against any individual or against any political party, but was filed against a constitutional head to know whether the citizens have a right to know whether he is in a position to function and act in his constitutional capabilities. “The Chief Minister is not to be seen. He is neither available to press nor to opposition MLAs nor to general public,” he said.
Despite the dismissal, the petitioner claimed that the petition was a moral victory for him as it forced Chief Minister to make public appearance and come out to inspect Mandovi Bridge construction. “I cannot say whether this act had any impact on the judgment but the charges are made by the position,” he added.
D’Mello said that the judgment has brought out so many indications like the right of privacy of a constitutional head superseding the right of every citizen to know whether the CM is functioning and capable of functioning.
“Now with this judgment it is clear or it is a direct indication that a constitutional position of a Chief Minister can function from the ICU. He can sleep in ICU and run the government. This is a good judgment,” he stated.
