Former West Bengal Chief Minister Mamata Banerjee’s lawyer has issued legal notices to senior doctors over the public disclosure of her medical records from 2021, raising questions over whether the documents were released with her consent and in accordance with due process.
The notice was sent to SSKM Hospital director Dr Monimoy Bandyopadhyay, MSVP Dr Piyush Kumar Ray and Dr Atanu Biswas, head of neurology at the Bangur Institute of Neurosciences. Banerjee’s lawyer, Arka Nag, has sought clarification on how the medical documents came into the public domain.
The legal move comes days after Chief Minister Suvendu Adhikari publicly displayed a 2021 medical report relating to Banerjee’s injury during the Nandigram election campaign in the same year. The report, issued by the Bangur Institute, has been cited by Adhikari as stating that there was “no evidence of fracture or dislocation”. He has alleged that Banerjee had made false claims about the injury and has announced a fresh inquiry.
Breach of Right to Confidentiality
Banerjee’s legal team has questioned whether making the former chief minister’s medical records public amounted to defying doctor-patient confidentiality.
The notice reportedly asks whether any medical documents relating to Banerjee were handed over to the present chief minister or other authorities and, if so, whether the necessary legal procedure and authorisation were obtained before their disclosure.
“Having a ‘right to know’ does not give anyone an unrestricted right to access or publicly disseminate another person’s confidential medical records,” Nag said, according to the legal notice.
He also highlighted that “in the facts and circumstances of the present case…constitute a violation of the statutory and professional protections governing the confidentiality and privacy of medical information retained by IPGMER.”
The lawyer has also sought an explanation from the doctors over the circumstances in which the records were shared. He has warned that if the documents were disclosed without appropriate authorisation or in violation of applicable procedures, action should be considered against those responsible.
“Such disclosure, if at all, by the Institute of Postgraduate Medical Education & Research without any permission of my client or without adhering to any due process of law should attract appropriate actions against the delinquent officers,” the notice added pointing to a breach of a fundamental right protected under Article 21 of the Indian Constitution.
Medical report becomes political flashpoint
The controversy stems from an incident on March 10, 2021, when Banerjee was injured during an election campaign in Nandigram. She was taken to SSKM Hospital and subsequently underwent an MRI examination at the Bangur Institute of Neurosciences.
The medical report now being cited by Adhikari dates to March 11, 2021. He has used the document to challenge the account of the injury that became a major issue during that year's Assembly election campaign.
TMC leader Kunal Ghosh had earlier questioned the disclosure of Banerjee’s medical information, arguing that doctors and medical institutions should not ordinarily make a person's private medical details public.
