Court ruled to erase defendant's identity from court files following their acquittal in a Section 498A judicial proceeding at the P&H High Court.
Punjab and Haryana High Court Orders Removal of Man's Name from Court Records
In a landmark decision, the Punjab and Haryana High Court has directed the registry and concerned officials of the Ambala district court to remove the name of a man and his parents from court records. The order, presided over by Justice Namit Kumar, was passed on September 10, 2023.
The case in question is related to the 'right to be forgotten' and the earlier quashing of a criminal case under Section 498A of the Indian Penal Code. The man, a cybersecurity company owner, had moved the High Court for the redaction of his name from the court records due to the continued display of his name on the e-court website and other portals.
Advocate Hemant Hans represented the petitioner in the case, while Additional Advocate General Ramendra Singh Chauhan represented the State of Haryana. The Court's directive includes the removal of any material where the petitioners' names are reflected.
The Court's order is based on the right to privacy and the right to be forgotten, as guaranteed by Article 21 of the Constitution of India. The Court noted that allowing remnants of a charge against an individual who has been exonerated by the court could contravene the individual's right to privacy and dignity.
The man's criminal case under Section 498A of the Indian Penal Code was quashed in 2023 following a compromise between the parties. The petitioner argued that his reputation as a corporate professional is affected due to the disclosure of his name on the internet, and that the continued display of his name is making it difficult for him to pursue business engagements.
In light of this, the Court suggested that the petitioners approach social media platforms and search engines to have their names masked. The petitioner, who leads a cybersecurity firm and holds a high professional standing, sought the removal of his names from social media platforms and search engines after the Punjab and Haryana High Court removed his names from court records.
The registries of both courts are ordered to show the name of the petitioners as 'ABCD'. The Court's order directs the High Court and trial court registries to remove the name of the petitioners from all proceedings connected to the FIR. The Court expects these entities to respect the 'right to privacy' and 'right to be forgotten' of the petitioners.
This decision marks a significant step towards protecting the privacy and reputation of individuals in the digital age, and underscores the importance of balancing the right to information with the right to privacy.
Read also:
- United States tariffs pose a threat to India, necessitating the recruitment of adept negotiators or strategists, similar to those who had influenced Trump's decisions.
- Weekly happenings in the German Federal Parliament (Bundestag)
- Southwest region's most popular posts, accompanied by an inquiry:
- Discussion between Putin and Trump in Alaska could potentially overshadow Ukraine's concerns
