Case Note & Summary
The petitioner, Mrs. Priya Gunaji Gaokar, an employee of Bhabha Atomic Research Centre (BARC), filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court. She alleged that she was being harassed by some co-employees while traveling in the staff bus provided by BARC. She complained to the Deputy Commissioner of Police, Zone IV, who after inquiry, concluded that the complaint was without substance and mischievous. The petitioner was not informed of this decision and later learned about it through a Right to Information Act request. She then approached the High Court seeking various reliefs, including a direction that her name and address not be uploaded on the court's official website. The court heard the matter at the admission stage with consent. The petitioner's counsel argued that the publication of her name and address would cause embarrassment and harassment. The State opposed the prayer. The court examined the issue and held that there is no legal right or rule that prevents the court from publishing case details on its website. The court noted that transparency and open justice are fundamental principles, and the petitioner's request was not supported by any statutory provision. Consequently, the court dismissed the petition, including the prayer for non-disclosure of name and address. The judgment was delivered by a division bench of Justice Naresh H. Patil and Justice Abhay M. Thipsay, with the opinion authored by Justice Thipsay.
Headnote
A) Criminal Procedure - Right to Privacy - Non-disclosure of Name on Court Website - Petitioner sought direction to Registry not to upload her name and address on court website - Court held that there is no legal provision or rule conferring such a right; publication of case details is part of transparency and open justice - Petition dismissed (Paras 5-6).
Issue of Consideration
Whether the petitioner is entitled to a direction that her name and address not be uploaded on the official website of the High Court in connection with the criminal writ petition filed by her.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Right to Information Act
- 2005
- Article 226 of the Constitution of India
- Criminal Procedure Code
- 1973
- Section 154
- Section 156(3)
- Section 173
- Section 190
- Section 200
- Section 202
