The Delhi High Court on Wednesday issued notice on a petition by a businessman requesting the removal of a court order related to a now-closed criminal case against him from the Indian Kanoon website.
Justice Sachin Datta called for responses from the Ministry of Electronics and Information Technology, Indian Kanoon, and Google on the petition invoking the "right to be forgotten." The court also directed the registry to mask the petitioner's name in the case and scheduled further hearings for February 4.
In 2024, an FIR was registered against the petitioner, leading him to seek anticipatory bail in the High Court. Later, the police filed a closure report in connection with the case. However, the anticipatory bail order remained accessible on Indian Kanoon, which the petitioner's counsel argued was harming his business reputation.
“It creates a different image before my clients, severely prejudices my rights,” the counsel submitted while seeking takedown of the said order from Indian Kanoon.
Advocate Mamta Rani, representing Google, apprised the Court about the pendency of a set of petitions concerning the right to be forgotten.
“This is freedom of speech versus right to be forgotten, more particularly, right to know versus right to be forgotten in case of court orders,” she argued.
She further informed the Court about the pendency of a related case before the Supreme Court, where the decision of the Madras High Court is being challenged.
“Whether case titles can be masked or not has not been decided by the court,” she submitted.
She submitted that in sensitive matters such as POCSO Act cases, matrimonial disputes, and sexual harassment cases, the case title is permitted to be masked; however, no such provision exists for cases involving the petitioner.
Website designed, developed and maintained by webexy