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Supreme Court to examine the right of an accused to be forgotten after acquittal in criminal case


The Supreme Court of India. File
| Photo Credit: Shashi Shekhar Kashyap

The Supreme Court agreed on July 24 to examine an issue related to the right to be forgotten of an accused who seeks removal of judgments containing names from the public domain, saying this will have “serious ramifications”.

A bench comprising Chief Justice D.Y. Chandrachud also stayed a judgment of the Madras High Court that had asked a law portal to remove a verdict that had acquitted a man in a rape case from its website. “The judgments are part of public records and the orders for their removal by the courts will have serious ramifications,” the CJI said.

The bench said assuming that a person is acquitted, “How can the High Court direct him (the law portal) to pull down the judgment? Once the judgment is delivered, it becomes part of the public record”.

The Supreme Court was hearing an appeal filed by the India Kanoon portal against a Madras High Court order that had asked it to remove the judgment from its website. The high court’s decision had come on a plea of one Karthick Theodore.



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