The Punjab & Haryana High Court has reinforced the fundamental right to privacy by directing its Registry to remove the name of a petitioner from all court records and search results after an FIR against him was quashed. The court ruled that once an individual has been legally exonerated, the lingering effects of such accusations should not continue to haunt them.
The petitioner, a respected corporate professional with over 20 years of experience working for multinational companies in India and the USA, had been struggling to secure employment. Despite clearing multiple job interviews, he was denied offer letters due to his name being publicly available on the e-courts portal in connection with a now-quashed FIR.
Justice N.S. Shekhawat, presiding over the case, observed:
"When a person has been exonerated by the Court of his guilt, the remnants of such 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."
Read Also:- High Court Questions Punjab Government's Outsourcing of MRI, CT Scans to Private Lab
The petitioner had been falsely implicated in an FIR filed under Sections 384/419 of the Indian Penal Code (IPC) and Sections 66-C and 67 of the Information Technology Act, 2008. The case was later quashed by the High Court, but his name remained on digital records, affecting his professional and personal life.
Court’s Order for Name Removal
Acknowledging the serious consequences of retaining such records, the High Court directed:
- The Registry and all concerned officials of District Gurugram to erase the petitioner’s name from all records and proceedings.
- The petitioner’s name to be replaced with “ABCD” in official court records.
- Search engines and online platforms to mask or remove references to the petitioner’s name in relation to the FIR.
Justice Shekhawat further emphasized:
"Whenever the petitioner applies or approaches any of the social media or search engine platforms, it is expected that they would also respect the ‘right to privacy’ and ‘right to be forgotten’ of the petitioner and shall remove any material related to the court proceedings."
Read Also:- Punjab And Haryana High Court Upholds Husband’s Divorce Due to Wife’s Cruelty
The High Court’s decision aligns with legal precedents established by the Supreme Court of India. In Justice K.S. Puttaswamy & Another v. Union of India, the Supreme Court recognized:
"An individual has a right to protect his reputation from being unfairly harmed. The right to be forgotten allows individuals to control their digital footprints and move forward without being shackled by past accusations."
The Delhi High Court, in ABC v. State, had also ruled in favor of privacy rights, holding that:
"There is no reason why an individual who has been duly cleared of any guilt by law should be haunted by past accusations available in public records
This landmark ruling is a significant step towards protecting individuals from digital stigmatization. In an era where online information persists indefinitely, the right to privacy and the right to be forgotten are crucial for ensuring that innocent individuals are not unfairly judged based on past legal proceedings.
With this judgment, the Punjab & Haryana High Court has reaffirmed its commitment to upholding constitutional rights and ensuring justice extends beyond legal verdicts to practical, real-world implications.
Title: ABCD v. State of Haryana
