Punjab & Haryana HC upholds ‘right to be forgotten’ for exonerated man

CHANDIGARH: In a unique case, upholding the "right to be forgotten" of a person exonerated by courts in a criminal case, the Punjab and Haryana high court has ordered the removal of a petitioner's name from the records of all proceedings and petitions arising out of an FIR registered against him.
"When a person is exonerated by the court of his guilt, the remnants of such a charge should not be allowed to haunt any such person. This would be contrary to an individual's right to privacy, which includes the right to be forgotten and the right to live with dignity, guaranteed by Article 21 of the Constitution of India," the high court held.
The court ordered the registries of both the high court and the Gurgaon district court to show the petitioner's name as 'ABCD' in the record. Justice N S Shekhawat passed these orders while allowing a plea filed by the petitioner (identity protected), who is a reputed corporate professional.
The court also directed that whenever the petitioner applies or approaches any social media or search engine, it is expected that they would also respect the "right to privacy" and "right to be forgotten" of the petitioner and shall remove any other material that may be on record pertaining to the case against the petitioner.
The petitioner in this case sought directions to the registry/computer branch of the high court and the district court of Gurgaon to redact his name from e-courts portal, in connection with FIR No. 100 dated April 10, 2024, under Sections 384/419 of IPC and Sections 66-C and 67 of the Information Technology Act, 2008 (amended), registered at Cyber West police station of Gurgaon.
Counsel for the petitioner contended that the petitioner is a reputed corporate professional and working at the highest levels in Amazon, American Express, and HSBC, with total experience spanning over 20 years in India and the US. Claiming to have studied in a top university of the country, the petitioner said he was falsely named in the FIR, and the total amount in dispute was Rs. 3,000. The petitioner added he was wrongly arrested and remanded in judicial custody. Ultimately, the high court quashed the FIR registered against him.
The high court was informed that the petitioner is exploring job vacancies and looking forward to working with international companies and firms for his professional growth and successful career. However, due to the availability of his name on the e-courts portal, it was becoming impossible for the petitioner to get a job in India or abroad.
Thus, uploading the case details on websites/e-courts portals, besides being stigmatic in nature, is also adversely affecting his personal life, career, and future prospects. Counsel for the petitioner contended that the petitioner was interviewed by two multinational companies, Paypal and Wells Fargo, and the petitioner cleared both the interviews and got offer letters from the two companies. However, he was not provided employment.