close_game
close_game

SC warns of ‘serious ramifications’ in removing judgements under ‘right to be forgotten’

Jul 24, 2024 09:41 PM IST

The top court's remarks came after Bengaluru based website highlighted that Madras HC ordered removal of a judgment revealing an acquitted person's identity.

The Supreme Court on Wednesday noted that removing judgments from the public domain by court orders after an accused's acquittal in criminal cases under the right to be forgotten will have “very serious ramifications".

The Supreme Court of India. (PTI Photo)
The Supreme Court of India. (PTI Photo)

“How can a court order this? To say that the judgement, a public document, be pulled down will have very serious ramifications,” said a bench consisting of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra.

This statement followed submissions from Ikanoon Software Development Pvt Ltd, a Bengaluru-based legal website, which highlighted that the Madras High Court had ordered the removal of a judgment revealing the identity of a person acquitted in a rape and cheating case.

The Supreme Court agreed to consider the complex legal question of whether an accused, after being acquitted, can request the removal of the judgment from the public domain, including digital platforms, under their right to be forgotten.

"Issue notice, and in the meantime, the directions of Madras High Court shall remain stayed," the bench ordered, stating that it will establish the law on this issue.

What did the plea say?

According to PTI, in its plea filed through lawyer Abiha Zaidi, the website argued that the high court's decision “adversely impacts the freedom of speech and expression of the petitioner and the public at large, guaranteed by Article 19(1)(a) of the Constitution as well as the petitioner's freedom of trade, occupation and profession protected by Article 19(1)(g).”

The website's counsel pointed out that the high courts of Kerala and Gujarat have ruled that there is no right to be forgotten in such cases, whereas the Madras High Court, in this instance, took the opposite stance.

"There is a genuine question of law emerging from contradictory judgements from different high courts," the lawyer stated.

Bench's reply to the plea

The bench questioned the counsel representing the individual who had approached the high court, asking, "Assuming you are acquitted, how can the high court order the website to remove the judgment, which is part of the public record... once a judgment is delivered, it becomes part of the public record."

The bench noted that courts may redact names or mask identities in sensitive matters in some cases, but the Chief Justice said: "Ordering the removal of an entire judgment was farfetched."

The bench expressed concern that such a precedent could lead to situations where litigants in commercial disputes might request the removal of judgments to protect financial information. "Then people might argue that their commercial secrets are involved and request the removal of judgments from arbitration cases; this could have very serious ramifications," it said.

The bench also mentioned that even convicted individuals might seek to remove judgments after serving their sentences.

On August 24, 2017, a nine-judge bench led by then-CJI J S Khehar declared the right to privacy a fundamental right under Article 21 (right to life and personal liberty) of the Constitution. This ruling included the right to be forgotten and the right to be left alone.

The website argued that it had removed several sensitive judgments, including those involving sexual offences with children as victims or accused. It contended that the high court’s judgment contravened settled law established in the R Rajagopal vs. State of Tamil Nadu case, which affirmed that the right to privacy under Article 21 does not extend to shielding individuals from the publication of public records such as court decisions.

The website claimed that the high court’s order negatively impacted fundamental rights by limiting access to court records, curtailing its database, and impeding its operations. The high court had directed the website to remove the judgment dated April 30 from its legal database under the “right to be forgotten.”

rec-icon Recommended Topics
Share this article
Get Current Updates on India News, Weather Today, Latest News, Delhi Election 2025 and Delhi Exit Poll 2025 Live at Hindustan Times.
See More
Get Current Updates on India News, Weather Today, Latest News, Delhi Election 2025 and Delhi Exit Poll 2025 Live at Hindustan Times.
SHARE THIS ARTICLE ON
SHARE
Story Saved
Live Score
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Friday, February 07, 2025
Start 14 Days Free Trial Subscribe Now
Follow Us On