Madurai: Referring to the assessment of the Supreme Court who holds privacy rights to fundamental rights based on Article 21 of the Constitution, Madras High Court on Friday observed that even someone who was accused of violations and who was later released from all charges will be entitled to make the name return from the order delivered by the court to protect His privacy rights.
Justice N Anand Venkates observed that the applicant, who faced a criminal process for violations under Section 417 (punishment for fraud) and 376 (punishment for rape) IPC, was punished and punished by all courts in 2011 and released from all costs by the High Court at the High Court on In 2014.
The judge observed that the applicant now faced a very strange problem because his name was reflected in the judgment given by this court as a defendant of all charges.
Unfortunately, anyone who typed the name Applicant on Google Search was able to access the assessment of this court.
The judge observed that a while the existing law protected the identity of victims of women and children and their names were not reflected in every order delivered by the court, this rights had not been expanded to a man accused, which was ultimately released from all charges.
Therefore, for the first time, someone, who was released from all charges of approaching this court and tried to revive his name from the judgment passed by this court.
The judge observed, “Today, the world is truly under the grip of social media.
A person’s background is assessed by everyone by entering into Google’s search and gather information.
There is no guarantee that the information secured from Google is authentic.
However, it creates The first impression and depends on the data provided, it will make or improve the characteristics of a person in the eyes of the community.
“Therefore, in the world today everyone tries to describe itself in the best way, when it comes to social media.
The judge further observed that it was also taken to court notice that when a similar problem arose before the Delhi High Court recently, the temporary order was passed to direct the website concerned to calm the name of the applicant in it.
It is also informed to this court that new rights called ‘rights to be forgotten’ are sought to be included in the list of rights that are already available under Article 21 of the Constitution.
The judge observed that even though the court found that there was a case of the Prima Facie made by the Petitioner and he entitled to redeem his name, this court wants to hear the advice that appears for respondents and also members of the bar and understand the various consequences before writing a detailed assessment of this issue.
Therefore, the judge asked for the help of a bar member in this matter and delayed this case until July 28.
Humans who were released from criminal cases have the right to calm their names from orders authorized by the court: Madras High Court
