Right To Be Forgotten: Punjab & Haryana HC To Decide If Accused Has 'Preferential Right' Over Society's Right To Know Involvement In Crime

The Punjab & Haryana High Court will be deciding the legal question whether an accused or suspect has a preferential right to be forgotten over the right of the society to know about the involvement of any person in a criminal case.Justice Vinod S. Bhardwaj said, "...the legal issue that arises for consideration before this Court as to whether an accused/suspect of an offence has a preferential right against the right of the society to know about the involvement of any person in a criminal case, considering that a crime is an offence against the society."These observations were made while hearing the plea of an army officer who sought directions to Google, Indian Kanoon and Chawla Publication for deleting final anticipatory bail order passed by the High Court in a rape case from online record in view of "right to be forgotten."The plea stated that Hooda is an army officer and has been acquitted by the Trial Court in the case, hence the online record of the anticipatory bail order available in the case should be deleted.Petitioner stated that the High Court had masked the name of the petitioner in anticipatory bail order as per the rules. However, the same was not done by Indian Kanoon and another website.It was further added that whenever the name of the petitioner is googled, Indian Kanoon's page showing the bail order appears on the top of google result."If the name of petitioner is not masked then it would also prejudicially effect the reputation and social standing of the petitioner as well as his family members," stated the petitioner.Reliance is also placed on Justice K.S. Puttaswamy v. Union of India, to underscore the right to privacy.The matter is listed for February 21, for further consideration.Mr. Kunal Dawar, Advocate for the petitioner.Mr. Satya Pal Jain, Addl. Solicitor General of India with Mr. Sahil Garg, Advocate for Union of India.Mr. Vivek Saini, Addl. A.G., Haryana.Mr. Sanjeev Sharma, Sr. Advocate with Ms. Shubreet Kaur, Advocate for respondent No.6.Title: VXXXX v. UOIClick here to read/download the order

Right To Be Forgotten: Punjab & Haryana HC To Decide If Accused Has 'Preferential Right' Over Society's Right To Know Involvement In Crime

Aiman J. Chishti

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