- In the case of ABC vs Union of India, the Hon’ble Bombay HC has ordered the removal of an acquittal order from the HC website upon an application moved by the applicant/accused who was facing difficulties in getting a job due to the order of acquittal passed in his favour.
- In the instant case, the petitioner currently works with a firm in Japan, and was named as an accused in 2013 in a criminal case under section 66A of the Information Technology Act in a JMFC Court in Nagpur. The litigation resulted in his acquittal.
- Even though the order was one of acquittal, the petitioner argued that it was capable of putting a bias in the minds of the prospective employers, customers and bankers due to its descriptive nature.
- While referring to the decision of the Apex Court in Justice KS Puttaswamy and anr. vs Union of India and ors (2017) SCC, the HC observed that the issue at hand is of a wide significance and the right to be forgotten is a component of Article 21 of the Constitution.
- The Court observed that in the peculiar circumstances of the case, the petitioner had asserted his right to be forgotten. The petitioner had asserted the delinking of the judgement from the Court website. He did not and cannot assert for the Court records to be destroyed.
- The Court also observed that having regards to the judgement of the Apex Court in Puttaswamy case, the Court is inclined to give a moulded relief to the petitioner. Privacy is a constitutionally protected right and can be traced to the guarantee of life and personal liberty in Article 21 of the Constitution. Privacy connotes a right to be left alone, it safeguards individual autonomy and recognizes the ability of the individual to control the vital aspects of his life.
- Thus, while ordering the removal of the order and judgement from the Court’s website, the Hon’ble HC also stated that the decision in the present case is limited to the facts of this case only and cannot be used as a precedent in future cases. Each case would have to be judged in light of its peculiar circumstances.
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