TaxTMI 
TaxTMI 
TaxTMI 
2019 (9) TMI 673
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....RAJESH, LUKE THOMAS, K.E.S AND COMPANY, JUBY ALEX, M.M. SAYED MOHAMMED, JAYASREE RAJAGOPAL, SHEEBA RAJU, BOBBY GEORGE, P.A. SHANAVAS, JYOTHEENDRANATHAN NAMPOOTHIRI K.N, M.G.M.ENTERPRISES, SUNISHKUMAR P.S, LALITHA K.NAIR, ANNAMMA JOSE, ABHILASH T.C, SEBASTIAN MATHEW, T.K.BABY, RENJITH KUMAR P.B Versus UNION OF INDIA, BHARAT PETROLEUM CORPORATION LIMITED, THE TERRITORY MANAGER (RETAIL), INDIAN OIL CORPORATION LTD., CHIEF GENERAL MANAGER, HINDUSTAN PETROLEUM CORPORATION LTD., SENIOR REGIONAL MANAGER ORDER R. Narayana Pisharadi, J The appellants are the petitioners in the writ petitions, W.P. (C) No.12202 of 2018 and W.P.(C) No.13363 of 2018. They assail the judgment of the learned Single Judge in the above writ petitions. 2. The appellants are persons who conduct petroleum retail outlets on the basis of the dealership agreements executed by them with the oil marketing companies by name Bharat Petroleum Corporation Limited, Indian Oil Corporation Limited and Hindustan Petroleum Corporation Limited, who are the second, fourth and the sixth respondents in the writ petitions. The appellants alleged that, as per Ext.P2 circular, the oil marketing companies mentioned above demanded t....
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....tails as sought for by the companies in terms of the agreement. The learned Single Judge further found that, the details sought by the companies are with respect to the dealership and not with regard to any personal matters of the writ petitioners. However, the learned Single Judge disposed of the writ petitions by issuing the following directions: "However, in case the petitioners have any specific complaint with regard to the nature of the documents sought for by them and in case they can point out any instance where the documents sought for have no connection with the dealership in question or the agreement executed by them, those individual dealers who are aggrieved by specific demands can approach the respondents filing a representation pointing out their difficulty in producing any personal data sought for and seeking consideration of any alternate arrangements. In case a representation of that nature is filed by any of the petitioners or members of the 16th petitioner in W.P.(C) No.13363/2018, the same shall be considered by the respondents and orders shall be passed thereon after hearing the persons who have filed such representation as well. It is made clear that the de....
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....turns of a person infringes the right to privacy, which is a fundamental right. 12. In K.S. Puttaswamy (supra), the Supreme Court has held that, the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution of India and as a part of the freedoms guaranteed by Part III of the Constitution. However, the Apex Court has further held that the right to privacy is not absolute. It was thus held: "Like other rights which form part of the fundamental freedoms protected by Part III, including the right to life and personal liberty under Article 21, privacy is not an absolute right. A law which encroaches upon privacy will have to withstand the touchstone of permissible restrictions on fundamental rights. In the context of Article 21 an invasion of privacy must be justified on the basis of a law which stipulates a procedure which is fair, just and reasonable. The law must also be valid with reference to the encroachment on life and personal liberty under Article 21. An invasion of life or personal liberty must meet the three-fold requirement of (i) legality, which postulates the existence of law; (ii) need, defined i....
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....cie grounds to accuse the individuals of wrong doing. It is only after the State has been able to arrive at a prima facie conclusion of wrong doing, based on material evidence, would the rights of others in the nation to be informed, enter the picture. In the event citizens, other persons and entities have credible information that a wrong doing could be associated with a bank account, it is needless to state that they have the right, and in fact the moral duty, to inform the State, and consequently the State would have the obligation to investigate the same, within the boundaries of constitutional permissibility. If the State fails to do so, the appropriate courts can always intervene". 15. There can be no doubt with regard to the fact that details of the bank account of a person constitute personal and private information. The statement of account of a person in a bank would reveal the amount in deposit in the bank and the amounts deposited and withdrawn in the past. It would give a clear picture of a person's financial capacity. It would disclose the cash transactions which a person had with third parties. It would reveal the amount transferred to and received by a person ....
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....dealership of the appellants from such records and to furnish them to the second respondent. 20. Now the question arises whether the demand made by the second respondent to the dealers to furnish their statement of bank account and the income tax return would withstand the three-fold test as envisaged in K.S.Puttaswamy (supra). The first requirement is that there must be a law in existence to justify an encroachment on privacy. No person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement. Learned senior counsel for respondents 2 to 7 cannot point out any law which gives a right to the oil marketing companies to demand such information from the retail dealers. In fact, in the counter affidavit filed by the second and the fourth respondents, they have not pleaded that the demand for furnishing the income tax returns and details of bank accounts of the dealers has got any statutory basis. The second respondent has not been able to show any statutory provision which permits the company to issue a circular as Ext.P2. Therefore, the demand made by the second respondent to the deale....