In a significant ruling, the Delhi High Court has emphasized the importance of the right to privacy, affirming that no public interest is served by maintaining information on the Internet after criminal proceedings have been quashed. The court’s observation came while addressing a plea by an individual seeking to mask his identity in court records and online platforms, following the quashing of a criminal case against him.
Justice Amit Mahajan articulated the court’s stance, stating that the right to privacy is not only a fundamental right embedded in Article 21 of the Constitution but also includes the ‘right to be forgotten’. This modern digital age concern addresses the permanence of information on the Internet, where acquitted individuals continue to suffer repercussions from accusations that are no longer legally upheld.
The court critiqued the unending digital footprint left by resolved legal matters, highlighting the disproportionality and unfairness that such permanence entails for individuals who are acquitted or have had their charges dismissed. According to Justice Mahajan, “In the age of the internet, every piece of information gains permanence. It is essential to allow the masking of names to adhere to the basic notions of proportionality and fairness.”
While recognizing the fundamental nature of information access in a democracy, the court also pointed out the crucial balance required between public right to information and individual privacy rights. It explicitly stated that once criminal proceedings are quashed, keeping such information accessible does not serve any public interest and contravenes individual rights to live with dignity.
The directive issued by the court includes the removal of the petitioner’s name and that of the complainant from both the judicial records and search engine results. Moreover, it allows the petitioner to request all concerned digital portals and search engines to mask the judgement details and only display redacted names.
