An individual acquitted of criminal charges is entitled to the 'Right to be Forgotten' and has the right to request the redaction of their personal identity from online judicial records to protect their right to privacy.

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND 2 TO ENSURE THAT THE JUDGMENT AND ORDERS IN CC.NO.11065/2015 VIDE ANNX-B, CRIMNAL PETITION NO.3149/2014 VIDE ANNX-C AND CRIMINAL PETITION NO.5391/2015 VIDE ANNX-D ARE DELETED FROM THE R-1 AND R-2 WEBSITE AND IN THE ALTERNATIVE, REDACT THE NAMES OF THE PETITIONERS AS APPEARING IN THE AFOREMENTIONED AND ANNEXED JUDGMENTS AND ORDERS AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioners who were accused of the commission of offence punishable under Sections 3, 4, 5 and 7 of ITP Act, Section 109 of IPC and Section 67 of Information Technology Act, having been acquitted of the said Charges in terms of judgment and order dated 10.02.2020 passed in C.C.No.11065/2015, on the file of I Additional C.M.M, Bengaluru are before this Court seeking following reliefs:

i. Issue a writ of mandamus directing the Respondent nos. 1&2 to ensure that the judgment and orders in CC. No. 11065 of 2015, (Annexure-B), Criminal Petition No: 3149/2014 (Annexure-C) and Criminal Petition No: 5391/2015 (Annexure D) are deleted from the Respondent no.1 & 2's website and in the alternative, redact the names of the Petitioners as appearing in the aforementioned and annexed judgments and orders.

ii. Direct the Respondent no.3 to delete from their website, the judgment and orders in CC. No. 11065 of 2015, (Annexure-B), Criminal Petition No: 3149/2014 (Annexure- C) and Criminal Petition No: 5391/2015 (Annexure-D) and in any other cases related to co-accused, and in the alternative, redact the names of the Petitioners as appearing in the aforementioned and annexed judgments and orders.

iii. Pass any other orders as it may deem fit in the interests of justice.

2. Learned counsel for the petitioners relying upon the judgment of the High Court of Delhi in the case of SJ Vs. Union of India and others reported in (2023) 2 High Court Cases (Del) 520, which is relied upon and followed by the Co-ordinate Bench of this Court in the case of XXX Vs. Registrar General, High Court of Karnataka reported in 2024 SCC OnLine Karnataka 18, submits that the relief sought for by the petitioners and facts and circumstances are similar and identical to the one involved in the said judgments and the said field having been covered, petitioners may also be extended similar benefit.

3. Learned counsel appearing for the respondent Nos.1 and 2 submits that respondent Nos.1 and 2 do not have any specific objections and they would act and comply if any directions are issued by this Court in this regard.

4. Submissions placed on record.

5. Respondent No.3, though served with notice has remained unrepresented.

6. ''Right to be Forgotten'' also known as the ''Right to Erasure'', being species of right to privacy, have been given effect to by series of judicial precedents, particularly in the cases of honorable acquittal. These principles have been enunciated and encapsulated in the aforesaid judgments, which is originally recognised by the Hon'ble Apex Court in the case of Justice K.S. Puttaswamy (Retd.) Vs. Union of India reported in AIR 2017 SCC 4161. The issue involved no more being res-integra, therefore petition is allowed.

7. Petitioners are entitled for their names to be redacted as appearing in the judgment and order in C.C. No.11065/2015, Crl. Petition No.3149/2014 as well as in Crl. Petition. No.5391/2015 produced at Annexures-B, C and D respectively. They are also entitled for deletion of their names from the Website of respondent No.3.

8. Respondent Nos.1 to 3 are directed to ensure the names of petitioners herein appearing in the cause title of the aforesaid judgments are redacted and deleted from the website of respondent No.3 as expeditiously as possible within an outer limit of ten days from the date of receipt of certified copy of this order.