The Delhi High Court has issued a notice following a plea by a businessman seeking the removal of a court order from the Indian Kanoon website, citing his “right to be forgotten.” The court order in question pertains to a criminal case against him, which has since been closed. Justice Sachin Datta has called for responses from the Ministry of Electronics and Information Technology, Indian Kanoon, and Google regarding the petition.
During the proceedings, the court took measures to protect the petitioner’s privacy by masking his name in the ongoing case and has scheduled the next hearing for February 4. The businessman had initially sought anticipatory bail following an FIR registered against him in 2024, which the police subsequently closed, filing a closure report.
The businessman’s legal counsel argued that the continued availability of the court order on platforms such as Google harms his reputation, particularly affecting his business dealings. “It creates a different image before my clients and severely prejudices my rights,” stated the counsel while advocating for the removal of the content from Indian Kanoon.
Advocate Mamta Rani, representing Google, pointed to broader implications involving the balance between freedom of speech and the right to be forgotten. She highlighted ongoing judicial considerations on this matter, noting a related case pending before the Supreme Court after a decision by the Madras High Court. “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,” Rani explained.
The debate extends to whether case titles can be masked in court orders. While sensitive cases, such as those under the POCSO Act, matrimonial disputes, and sexual harassment, allow for such anonymity, no provision currently covers cases like the petitioner’s.
