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Delhi High Court has directed the removal of an estranged couple’s names from the records of a criminal case linked to their matrimonial dispute.
NEW DELHI: The Delhi High Court has directed the removal of an estranged couple’s names from the records of a criminal case linked to their matrimonial dispute. Justice Amit Mahajan, who presided over the matter, also granted the man permission to request various online platforms and search engines to mask their identities, emphasizing the principles of the ‘right to privacy’ and the ‘right to be forgotten.’
Highlighting the importance of fairness and proportionality, the Court stated that individuals acquitted of charges or whose criminal proceedings have been quashed should not continue to face public scrutiny over such matters. “The masking of names is essential to uphold the dignity and privacy of individuals who have been cleared of allegations,” Justice Mahajan noted.
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The Court emphasized the need to balance the public’s right to information with an individual’s right to privacy. It asserted that no public interest is served by retaining outdated or irrelevant information on the internet once legal proceedings are quashed. Allowing such remnants to persist, the Court observed, would violate the individual’s right to privacy and dignity under Article 21 of the Constitution.
In May 2024, the Court quashed an FIR registered against the man based on a complaint by his wife. The petitioner subsequently sought the removal of case-related details from the High Court’s judgment accessible online. Granting the request, the Court directed its Registry to anonymize the parties, referring to the man as “ABC” and his former wife as “XYZ” in future records.
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Senior Advocate S.D. Salwan, along with Advocates Arvind Chaudhary, Sachin Chaudhary, and Vinay Yadav, represented the petitioner. The State’s case was presented by Additional Public Prosecutor Rajkumar, supported by Advocates Ajay Verma and Vaishnav Kirti Singh.
This judgment underscores the evolving legal acknowledgement of the ‘right to be forgotten’ as an integral part of the ‘right to privacy’ in India.
