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KAUSER EDAPPAGATH
... – Appellant
Versus
Union Of India – Respondent
Headnote: Read headnote
JUDGMENT :
The petitioner is aggrieved by the publication of Exts. P2 and 4 by respondent Nos. 3 and 4, which, according to him, contain materials that violate his right to reputation, dignity, and privacy under Article 21 and the right to equality under Article 14 of the Constitution of India.
2. The petitioner is a chartered accountant by profession. He claims that he has more than twenty years of experience in the field and adorned various coveted positions, including that of CFO and CEO in different reputed companies in India and abroad, and that he was conferred with many awards and recognitions both in the US and India for his contributions in his field.
3. In 2021, Maradu Police Station, Ernakulam, registered a crime against the petitioner as Crime No.304/2021, alleging offences punishable under Sections 376(2)(l) and (n) of the Indian Penal Code (for short ‘IPC’). The allegation is that the petitioner committed sexual assault and rape on the victim, who was his old classmate, after giving her a false promise
The main legal point established in the judgment is the need to balance the freedom of speech and expression with the right to privacy and reputation, emphasizing that the right to privacy, reputatio....
The media's right to freedom of speech under Article 19(1)(a) is subject to restrictions to protect individual dignity and fair trial rights, emphasizing responsible journalism in reporting criminal ....
The media's right to freedom of speech is regulated by ensuring it does not infringe upon individuals' rights to dignity and fair trial, requiring responsible reporting in criminal investigations and....
The central legal point established in the judgment is the recognition of the right to be forgotten for an acquitted accused, emphasizing the right to live with dignity and the need to enable the int....
The judgment establishes that the right to privacy, including the right to be forgotten, is a fundamental right under Article 21 of the Constitution of India, and courts have the discretion to redact....
Interim injunctions in defamation suits must balance free speech and reputation, requiring clear evidence of harm; mere allegations are insufficient for relief.
The right to privacy in matrimonial matters is protected under Article 21, and courts must carefully balance this right against freedom of expression when considering interim injunctions in defamatio....
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