The Delhi High Court has observed that no public
interest can be served by keeping information alive on the Internet after
quashing criminal proceedings against a person and asked portals and search
engines to mask the name of a man who has been acquitted in a case.
The high court said the right to privacy is a
fundamental right and forms an intrinsic part of Article 21 of the Constitution
and the concept of right to privacy incorporates the right to be forgotten.
"In the age of the internet, every piece of
information that finds its way to the internet, gains permanence. The need to
allow the masking of names of individuals acquitted of any offence or when
criminal proceedings against such persons are quashed emanates from the most
basic notions of proportionality and fairness," Justice Amit Mahajan said.
The high court said while access to information is a
fundamental aspect of democracy, the same cannot be divorced from the need to
balance the right to information of the public with the individual's right to
privacy.
"This is especially when after the quashing of
the proceedings, no public interest can be served by keeping the information
alive on the Internet," it said.
The court said there was no reason why an individual
who has been duly cleared of any guilt by law should be allowed to be haunted
by the remnants of such accusations easily accessible to the public.
Such would be contrary to the individual's right to
privacy which includes the right to be forgotten and the right to live with
dignity guaranteed under Article 21.
The court was dealing with a man's plea seeking a
direction to the high court registry to mask his name from the order and the
pleadings that were filed in the judicial proceedings.
The man's counsel submitted that irreparable
prejudice would be caused to him, his social life and career prospects if his
name was indicated as a person involved in a criminal case despite the fact
that the case against him has been quashed by the high court.
He submitted that the petitioner was entitled to
protection under the 'right to privacy' and the 'right to be forgotten' which
were recognised as fundamental rights.
The court directed the registry to remove the names
of the man and the complainant from the records of the case and its search
results.
It also permitted him to approach all concerned portals,
and public search engines to mask the judgement and to only indicate the masked
names of the parties.
The court said whenever the man or the complainant
would apply or approach any of the social media or search engines, it was
expected that they would also follow the principle of 'right to privacy' and
'right to be forgotten' and remove any other material pertaining to the
criminal case.