Case Note & Summary
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the Registrar General of the High Court of Karnataka to remove his name from the digital records maintained in Criminal Petition No.8172 of 2021, and to direct Google India Pvt. Ltd. and Indian Kanoon.com not to reflect his name in relation to that case. The petitioner had been involved in a criminal case which was subsequently quashed by the High Court. Despite the quashing, the petitioner's name continued to appear in digital records and on search engines, causing him stigma and affecting his reputation. The court heard the petitioner's counsel, Smt. Abhinaya K., and the respondents' counsel. The court analyzed the concept of the right to be forgotten as an aspect of the right to privacy under Article 21 of the Constitution. It noted that once the criminal proceedings were quashed, there was no justification for the petitioner's name to remain in the public domain. The court directed the Registrar General to remove the petitioner's name from the digital records of Criminal Petition No.8172/2021 and directed Google India Pvt. Ltd. and Indian Kanoon.com to delist or remove any references to the petitioner in connection with that case. The court held that the right to be forgotten is a facet of the right to privacy and must be protected, especially when the underlying proceedings have been terminated in favor of the individual.
Headnote
A) Right to Privacy - Right to be Forgotten - Article 21 of the Constitution of India - Petitioner sought removal of his name from digital records of a quashed criminal case - Court held that the right to be forgotten is an inherent facet of the right to privacy under Article 21, and once criminal proceedings are quashed, the petitioner is entitled to have his name removed from public digital records to prevent continued stigma and infringement of privacy (Paras 1-10).
Issue of Consideration
Whether a petitioner whose criminal proceedings have been quashed is entitled to have his name removed from digital records of the court and from search engines to protect his right to privacy and the right to be forgotten.
Final Decision
The court allowed the writ petition and directed the Registrar General to remove the petitioner's name from the digital records of Criminal Petition No.8172/2021. It further directed Google India Pvt. Ltd. and Indian Kanoon.com to delist or remove any references to the petitioner in connection with that case.
Law Points
- Right to be Forgotten
- Right to Privacy
- Article 21 of the Constitution of India
- Information Technology Act
- 2000
- Criminal Procedure Code
- 1973
