Madras HC refuses to redact man's name from judgment in rape case

MADURAI: The Madurai Bench of Madras High Court on Tuesday refused to grant relief to a man who sought direction to redact his name from a judgement, seven years after his acquittal in a rape case, citing social stigma.

The man claimed that whoever searches his name on the internet was able to access the said judgment in which he was identified as an accused. It has a serious impact on his reputation in the society, the man added.

Justice N Anand Venkatesh had prima facie (based on the first impression) opined that the petitioner is entitled to such a relief. However, feeling that certain finer aspects have to be considered failing which may open up floodgates of litigations, the judge had invited opinions from advocate associations and had held a five-hour marathon hearing last week.

However, citing various aspects, including the poor criminal justice system in India and the lack of any statutory backing, the judge decided to dismiss the petition on Tuesday.

The poor criminal justice system
Justice Venkatesh observed that the prevailing criminal justice system in India is far from satisfactory as the Court could acquit an accused based on slipshod investigation, dishonest witnesses and lack of an effective witness protection system. Till the justice system reaches the right standards, the court cannot venture to pass orders for redaction of an accused’s name, the judge held.

The only document that saves the honour
The judge wondered at which level of jurisdiction -trial court stage, appellate stage or revision stage- should the process of redaction be done. At every stage- from the filing of a complaint to facing trial- publications are tarnishing the name of an accused. The only document in the public domain that saves the honour of a person is the order or judgment document of acquittal and erasing the name from it would prove counterproductive to the person concerned, the judge opined.