Plea in Delhi High Court to Remove Court Order from Indian Kanoon: “Freedom of Speech vs Right to Be Forgotten”

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Today, On 8th January, A petition has been filed in the Delhi High Court seeking the removal of a court order from the Indian Kanoon website. The petitioner’s counsel argued that the order, accessible via Google, is harming his client’s reputation as a businessman. The plea emphasizes the impact on the petitioner’s credibility due to the public availability of the order. The court is expected to address concerns related to privacy and public access to legal records.

New Delhi: The Delhi High Court issued a notice regarding a businessman’s petition requesting the removal of a court order related to a now-closed criminal case against him from the Indian Kanoon website.

Justice Sachin Datta asked for responses from the Ministry of Electronics and Information Technology, Indian Kanoon, and Google concerning the petition, which invokes the right to be forgotten.

The bench also instructed the court’s registry to mask the petitioner’s name in the current case and scheduled further hearings for February 4.

The petitioner previously filed for anticipatory bail after an FIR was registered against him in 2024; however, the police later submitted a closure report regarding the case.

The petitioner’s counsel argued that as a businessman, the accessibility of the order on Google is damaging to his reputation.

Advocate Aditya Agarwal, representing the petitioner, argued that as a businessman, the accessibility of the order via Google is damaging to his credibility.

“It creates a different image before my clients and severely prejudices my rights,”

On the other hand, Advocate Mamta Rani, representing Google, informed the court about ongoing petitions concerning the right to be forgotten

Advocate Mamta Rani, representing Google, informed the court about ongoing petitions concerning the right to be forgotten.

She contended,

“This is a case of freedom of speech versus the right to be forgotten, particularly regarding the right to know versus the right to be forgotten in the context of court orders,”

She also mentioned that there is a related case pending before the Supreme Court, challenging a decision from the Madras High Court.

She added,

“The question of whether case titles can be masked has not yet been decided by the court,”

Rani noted that while case titles can be masked in sensitive matters such as those under the POCSO Act, marital disputes, and sexual harassment cases, no such provision exists for the petitioner’s situation.

In sensitive cases, such as those under the POCSO Act, matrimonial disputes, and sexual harassment, case titles are allowed to be masked; however, no such provision exists for matters concerning the petitioner.

Indian Kanoon is an online legal website in India. It is used by many people to find court judgments, legal documents, laws, and other related information. It is especially helpful for lawyers, law students, journalists, and anyone who wants quick and easy access to legal information. Indian Kanoon has changed the way people find legal details, making it an important tool for understanding the law better.





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