JORAWER SINGH MUNDY V. UNION OF INDIA & ORS.

 


JORAWER SINGH MUNDY  V.  UNION OF INDIA & ORS.

Court: Delhi High Court

Citation: W.P.(C) 3918/ 2020 &CM APPL. 11767/2021

Petition:..JORAWER SINGH MUNDY@ JORAWER SINGH MUNDY

Through Advocate: Mr. Sanjay Kumar

                                              V.

Respondent:.……………………….. UNION OF INDIA & ORS.

Through Advocate: Ms. Shiva Lakshmi

Judgement Date: 12.04.2021

CORAM: Justice Rekha Palli

 

INTRODUCTION

 

The petitioner was professional of Indian origin but an American citizen by birth. A case under the Narcotics Drugs and Psychotropic Substances Act, 1985 was lodged against him. Thetrial court acquitted him in 2011.But judgement is still available on social platforms., Google, Indian Kanoon and vLex.in which was affected his professional life a lot as every employerdoing his background verification get his name in case. So petitioner file a petition for the remover of case form mentioned platform.

 

CASE ISSUE

 

1.   Can court order be removed from online platform.

The issue requires the examination of both Right to privacy for petitioner and Right to Information for public and maintenance of transparency in judicial records.

 

PROVISIONS  INVOLVED

 

Article 21 of Indian Constitution aim issue revolve around Right to Privacy covered in case K.S. Puttaswamy V. Union of India, 2017.

 

CASE FACTS

 

·      The petitioner is an American citizen, who visit India in 2009 and a case was filed against him under the Narcotics Drugs and Psychotropic Substances Act, 1985.

·      In 2011, trial court acquitted him in the following case.

·      After returning to United States the petitioner pursue law.

·      Later on he realize of an disadvantage that he has because of availability of following case judgement on the internet.

·      Whenever any potential employer goes for the background verification before hiring him can easily get his case details which was giving him great lost.

·      Therefore, he send notice requesting Google India, Private Ltd., Google LLC, Indian Kanoon, and vLex.in for removal of his judgement from their portal.

·      vLex.in responded the notice by removing the judgement from portal while other platform didn’t respond.

·      Then he filed writ petition before the Delhi High Court, requesting that the judgement be deleted from all respondent sites, respecting the Petitioner’s Right to Privacy under Article 21 of the Indian Constitution.

·      The court noted that the issue is one that necessitates consideration of the Petitioner’s Right to Privacy, as well as the public’s Right to Information and the preservation of transparency in judicial records.

 

RESPONDENT

Ms.  Shivalakshi Counsel, accepts notice on respondents behave and submit that if Court directs the removal of the said judgement, then respondents will act as per the order.

 

JUDGEMENT

 

The court concluded that the right to be forgotten is in tangent to the Right to Privacy while giving the judgement keep the judgement K.S. Puttaswamy V. Union of India which recognizes the right to privacy in mind and also relied on its own order in Zulfiqar Ahman Khan V. Quintillion Businessman Media Pvt. Ltd.& Ors.

 

The court held that petitioner personal and professional life has been hampered and further more damage is likely to be cause if appropriate relief is not granted. So the court is of opinion that the petitioner is entitled to some interim protection, while the legal issues are pending adjudication by the Court. According the respondents were directed to remove the mentioned judgement.

 

The Orissa High court in recent judgement in Subhranshu Rout V. State of Odisha on 23rd November 2020, has also examined the aspect and applicability of the “Right to be Forgotten” quo Right to Privacy, in detailed manner including the international law on the subject like The EU, adopted the General Data ProtectionRegulation (GDPR) and article 17 provide the right to erasure of certain categories of personal data. Russia allows users to force a search engine to remove link to personal information on grounds of irrelevancy, inaccuracy and violation of law.

Post a Comment

0 Comments