Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2015 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (3) TMI 438 - HC - Companies LawPower of Banks to publish the photograph of loanees/defaulters in newspapers - Against the fundamental rights under Article 21 of the Constitution of India - Held that:- The Supreme Court referring to the human dignity as an intrinsic value of every human being has held in M. Nagaraj case [2006 (10) TMI 420 - SUPREME COURT] that "The expression of 'life' in Article 21 does not connote merely physical or animal existence. The right to life includes right to live with human dignity." Also in case of S.Samuthiram [2015 (2) TMI 1021 - SUPREME COURT] held that "Every citizen in this country has the right to live with dignity and honour which is a fundamental right guaranteed under Article 21 of the Constitution of India".Even the right to privacy of the loanees enshrined under Article 21 of the Constitution of India is infringed to a certain extent as is evident by the following observations in Mr. X TOKUGHA YEPTHOMI [1998 (9) TMI 650 - SUPREME COURT]. There is nothing immoral in being unable to repay the loans availed of owing to the floundering of business or due to some other unavoidable reason which can enable the bank to infringe the right to privacy of loanees. There is no compelling public interest warranting the publishing of the photographs of the loanees in newspapers in which case only the right to privacy has perhaps to give way. Some of the loanees may even be driven to commit suicide for fear of ignominy on publishing their photographs in newspapers at the instance of the bank and it will remain a permanent taboo for their family. The publishing of the photographs in newspapers for the inability to clear the loan arrears to the bank in time is clearly an affront to the right to live with dignity and honour as well as the right to privacy of the loanees. I have no hesitation to hold that publishing the photographs by the bank under such circumstances is violative of the rights guaranteed to the loanees under Article 21 of the Constitution of India. A writ of prohibition is therefore issued restraining the bank from publishing the photographs of the petitioners in the leading newspapers for failure to repay the debt within a specified date. This will not however disable the bank from surging ahead with the proceedings already initiated or anew for realisation of its dues from the petitioners in any manner sanctioned by law. -Decided in favour of appellants.
|