Priyanshu
In a landmark decision, the Supreme Court of India has stayed the execution of a Madras High Court order directing the removal of a judgment from the online legal database of the Indian Kanoon. The High Court’s directive was predicated on the ‘right to be forgotten,’ a legal concept that permits individuals to request the removal of personal information from the internet under certain circumstances.
The case in question, Ikanoon Software Development Pvt Ltd v. Karthick Theodore & Ors., involves an individual who was acquitted in a sexual assault case. The petitioner sought the removal of the judgment from Indian Kanoon, arguing that its presence online impeded his ability to obtain Australian citizenship. The Madras High Court had upheld this request, invoking the right to be forgotten.
However, the Supreme Court, comprising a bench led by Chief Justice D.Y. Chandrachud and Justices Manoj Misra and J.B. Pardiwala, intervened, expressing concerns regarding the High Court’s authority to order the removal of a judgment, which is generally considered part of the public record. The Supreme Court emphasized the necessity to “settle the law” on this matter, thus underscoring the conflict between an individual’s right to privacy and the public’s right to access information.
This case has ignited a debate about the extent of the right to be forgotten in India, especially concerning court judgments. It poses significant questions about balancing privacy rights and transparency, as well as the role of technology in either preserving or erasing historical records.
The Supreme Court’s forthcoming decision is anticipated to have profound implications for the interpretation of the right to be forgotten in India. It is expected to set a critical precedent for future cases involving the removal of information from the internet, particularly in the context of legal records. The decision will likely influence how privacy and public access to legal documents are balanced, shaping the legal landscape for years to come.
Name of the case- Ikanoon Software Development Pvt Ltd v. Karthick Theodore & Ors.
Case Number- SLP(C) No.-015311 – 2024
Bench- Chief Justice D.Y. Chandrachud and Justices Manoj Misra and J.B. Pardiwala