SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Ker) 221

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, J.
Regin Vinny – Petitioner
Versus
Union of India, Rep. by the Secretary, New Delhi – Respondent
W.P. (C) No. 5515 of 2023
Decided On : 30-01-2024

Advocates:
Advocate Appeared:
For the Petitioners: S. Santosh Kumar, Deepak Thomas.
For the Respondents: K.V. Sree Vinayakan, Sunil Jacob Jose, Riji Rajendran, Mitha Sudhindran, Bharadwajaramasubramaniam R., R.S. Diwaagar, Souradh C. Valson, Bhairavi S.N.

IMPORTANT POINT
The judgment emphasizes the obligation of courts to maintain judgments as per applicable rules and regulations, the limitations on the right to be forgotten, and the public interest in maintaining information integrity.

Headnote:

Right to be Forgotten - Masking of Name in Judgment - Indian Evidence Act, Digital Personal Protection Act of 2023 - The court discussed the right to be forgotten in the context of masking the name in a judgment and referenced the Indian Evidence Act, Digital Personal Protection Act of 2023, and relevant case law to emphasize the obligation of courts to maintain judgments as per applicable rules and regulations, the limitations on the right to be forgotten, and the public interest in maintaining information integrity.

Fact of the Case:

The petitioner sought to mask his name and identity from a judgment obtained from the Court, citing the 'right to be forgotten' and facing difficulties due to the publication of the judgment online.

Finding of the Court:

The Court found the petitioner's request to be untenable, emphasizing the obligation of courts to maintain judgments as per applicable rules and regulations, the limitations on the right to be forgotten, and the public interest in maintaining information integrity.

Issues: The issues revolved around the petitioner's request to mask his name and identity from a judgment obtained from the Court, citing the 'right to be forgotten' and facing difficulties due to the publication of the judgment online.

Ratio Decidendi: The court emphasized the obligation of courts to maintain judgments as per applicable rules and regulations, the limitations on the right to be forgotten, and the public interest in maintaining information integrity.

Final Decision: The Court did not accede to the petitioner's requests, finding them to be superfluous and based on untenable apprehensions.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The petitioner makes a rather uncommon request, that the first respondent-Union of India, be directed to mask his name and identity from Ext.P1 judgment, which he had obtained from this Court in W.P. (C) No. 8857/2009.

2. Sri. Santhosh Kumar - learned counsel for the petitioner, explained that, even though his client exercised his statutory and constitutional rights, in having approached this Court through the afore writ petition, seeking that his name be ordered to be corrected in his official records, since Ext.P1 judgment has now been uploaded in the online arena, he is facing difficulties answering his employer and other persons, particularly those who are outside India, as to why he had done so. He submits that this is causing him prejudice and therefore, has been constrained to approach this Court, especially since “the right to be forgotten” has been globally recognised as a valid right, which also finds recognition in the judgment of the Hon'ble Supreme Court in Justice K.S. Puttaswamy (Retd.) and Another vs. Union of India and Others, (2017) 10 SCC 1. He thus prays that the reliefs sought for in this writ petition be granted, particularly because the fifth respondent - which is an online legal reporting portal - has reported Ext.P6 on their site, thus intruding into his privacy.

3. Sri. B.G. Harindranath - learned standing counsel for the third respondent - High Court of Kerala, responded to the afore submissions of Sri. Santhosh Kumar, contending that the apprehension of the petitioner appears to be wholly untenable and baseless. He submitted that Ext.P1 clearly indicates that the petitioner has done no wrong, nor has he asked for any relief which is impermissible or illegal; and therefore, that the mere record of the case proceedings, which is normal in all such judgments, cannot cause him any prejudice. He added that there are several hundreds of judgments delivered by this Court and by the other Courts in our country, as also Internationally and that solely because a person has invoked legitimate legal remedy, he can never be victimised or found fault with by any person, whether that be in India or outside. He then proceeded to say that if the request impelled in this case is to be allowed, then it will become open and possible for every litigant to seek that his name be masked in every judgments, which will be practically impossible and legally not permissible. He concluded saying that, in any event, this writ petition is not maintainable because a prayer to the first respondent to mask a judgment delivered by this Court is untenable.

4. Sri. K.V. Sreevinayakan - learned Central Government Counsel representing respondents 1 and 2, adopted the afore submissions of Sri. B.G. Harindranath, affirming that the Government of India has no role to play in the masking of the cause title of the judgments delivered by the Hon'ble High Court, or by the Hon'ble Supreme Court, or any other Court for that matter. He explained that it is only if the respective Courts are to either anonymise the identity of the litigants, or mask their names and such other credentials, can the petitioner seek any relief qua its publication in the public domain. He, therefore, left it to this Court to issue appropriate orders.

5. Sri. Riji Rajendran - learned counsel for the 7th respondent, submitted that his client has done no wrong because they have only faithfully allowed the publication of judgment delivered by a competent Court, as per law. He argued that the attempt of the petitioner is to blame the publication of the judgment, but conceding that the Courts have committed no wrong in having published the judgments in the manner as is presently available.

6. In reply, Sri. Santhosh Kumar - learned counsel for the petitioner, submitted that, even if this Court is not inclined to grant the first prayer in the writ petition - namely to direct the Union of India to mask his client's name and address from Ext.P1 judgm

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top