'Lazy PIL, No Effort Made To Understand Constitutional Right To Privacy': Orissa HC Dismisses Plea For CCTV Coverage Of Treatment Given To Covid-19 Patients
3 years, 6 months ago

'Lazy PIL, No Effort Made To Understand Constitutional Right To Privacy': Orissa HC Dismisses Plea For CCTV Coverage Of Treatment Given To Covid-19 Patients

Live Law  

The Orissa High Court recently dismissed a PIL seeking installation of CCTV cameras and display boards in all the COVID-19 hospitals "to make the treatment to Corona patients more transparent and accountable to public". A Division Bench of Chief Justice Dr. S. Muralidhar and Justice KR Mohapatra observed that the Petitioner did not take into account the implications that such a move may have on the privacy of patients admitted in various hospitals. The Bench said that no attempt has been made by the Petitioner to understand the legal position concerning the constitutional right to privacy as explained in the judgment of the Supreme Court in Justice KS Puttaswamy v. Union of India. Further, discouraging the practice of filing such inadequately researched, 'Lazy PILs', the Bench said that even though High Court has vast powers to do justice under Article 226 of the Constitution, organizations coming forward to file PILs have the responsibility of gathering facts in an unbiased and objective manner, and placing them before the Court with the "full understanding of the legal and factual dimensions" of the problem being highlighted.

Court Bench Petitioner Lazy Pils  pil  bench  court  plea  treatment  lazy  pils  justice  patients  privacy  prayer  v  orissa  right  hc  understand  petitioner

History of this topic

Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action
1 year, 2 months ago

Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action

Live Law  

The Orissa High Court on Tuesday imposed ₹20,000 costs on an organisation for filing a writ petition in the nature of Public Interest Litigation before approaching the concerned authorities seeking remedial action. While hearing was going on, the Court queried the petitioner as to whether it has complied with Rule 8 of the Orissa High Court Public Interest Litigation Rules, …

‘Orissa Association For The Blind’ Not State Under Article 12: High Court
1 year, 3 months ago

‘Orissa Association For The Blind’ Not State Under Article 12: High Court

Live Law  

The Orissa High Court has held that the ‘Orissa Association for the Blind’ does not come under the definition of ‘State’ as provided under Article 12 of the Constitution and thus, it is not amenable to the writ jurisdiction of the Court. While rejecting a writ petition filed by an employee against the organisation, the Single Judge Bench of Justice …

Important Decisions Of Orissa High Court In 2022
2 years ago

Important Decisions Of Orissa High Court In 2022

Live Law  

The year 2022 has come to an end. Right Of Accused To Recall Witness U/S 311 CrPC Can't Always Be Denied In Lieu Of Prosecutrix's Right U/S 33 POCSO Act: Orissa High Court Case Title: Pidika Sambaru v. State of Odisha & Anr. "Transgender Has Every Right To Choose Gender": Orissa High Court Orders Family Pension To Transwoman Case Title: …

Orissa High Court Annual Digest 2022 [Citations 1-165]
2 years ago

Orissa High Court Annual Digest 2022 [Citations 1-165]

Live Law  

Index of Citations The Orissa High Court has reiterated that even after an ex parte decree is set aside under Order IX Rule 13 of the CPC, defendant neither can be relegated to the original position nor can be allowed to file written statement. NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To …

PIL Can't Be Entertained In Disputes Relating To Service Matters: Orissa High Court
2 years, 4 months ago

PIL Can't Be Entertained In Disputes Relating To Service Matters: Orissa High Court

Live Law  

The Orissa High Court has recently held that Public Interest Litigation cannot be entertained in disputes pertaining to ' service matters'. Contentions: Mr. Ramakanta Sarangi, counsel for the petitioners, placed reliance on the decision of the Apex Court in Central Electricity Supply Utility of Odisha v. Dhobei Sahoo to argue that while the general rule is that in service matters, …

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court
2 years, 9 months ago

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court

Live Law  

The Orissa High Court has held that a person cannot be removed from his service without complying the relevant statutory pre-requirements. A Single Judge Bench of Justice Sashikanta Mishra held, "Therefore, notwithstanding the fact that the petitioner can be prima-facie held guilty of disobeying the orders of the authority by remaining continuously absent for more than five years, yet he …

Bombay HC seeks response from Centre, State in PIL claiming mismanagement of Covid-19 crisis
3 years, 8 months ago

Bombay HC seeks response from Centre, State in PIL claiming mismanagement of Covid-19 crisis

India Today  

Bombay High Court has sought a response from the Union as well as the Maharashtra government on the plea filed claiming improper management of Covid-19 medical treatment in the state. Advocate Arshil Khan appearing for the petitioner stated that the "second wave of the pandemic is already in motion" and the central and the state governments, as well as Mumbai’s …

"Petitioners Should Wait For A Response After Making Representation To Authorities Before Filing PILs": Orissa High Court
3 years, 9 months ago

"Petitioners Should Wait For A Response After Making Representation To Authorities Before Filing PILs": Orissa High Court

Live Law  

Noting that in a large number of Public Interest Litigation matters, the petitioners are filing writ petitions soon after making a representation without waiting for a response, the Orissa High Court on Tuesday disposed of a Writ Petition asking the petitioner to at least give a two months' time to the Opposite Parties to take a decision on his representation.The …

Disclosure Of COVID Patients' Identities Must Pass 'Triple Test' Of Privacy Judgment; Identity Of Deceased COVID Warriors May Be Disclosed To Honor Them: Orissa HC [Read Judgment]
4 years, 4 months ago

Disclosure Of COVID Patients' Identities Must Pass 'Triple Test' Of Privacy Judgment; Identity Of Deceased COVID Warriors May Be Disclosed To Honor Them: Orissa HC [Read Judgment]

Live Law  

The High Court of Orissa has disposed of a PIL filed by Advocate Ananga Kumar Otta against disclosure of personal details/ identities of Covid patients. On this note, the High Court has cautioned the authorities to ensure that in case they reveal the identity of a Covid patient/ suspect, the same is done in accordance with the law, i.e., it …

Orissa HC Passes Interim Order Against Disclosure Of Identities Of Covid Patients [Read Order]
4 years, 7 months ago

Orissa HC Passes Interim Order Against Disclosure Of Identities Of Covid Patients [Read Order]

Live Law  

The Orissa High Court on Thursday directed the state authorities to preserve the identities of Covid-19 patients/ suspects, and ensure that the same are not disclosed either to the media or during inter-departmental communications. "The respondents-State authorities are directed to ensure that identity of any person, who is admitted to Covid centres-any Government Hospital/private Hospital or any Quarantine centre in …

Discover Related