Adding to the number of people who have knocked the doors of the judiciary to remove online posts which may contain an embarrassing picture, video or news articles mentioning them, a man has moved the Delhi High Court seeking to take down articles relating to his conviction in a fraud and blackmailing case abroad.
Justice Rekha Palli asked the Centre, Google, Twitter, and two media houses to respond to the petition filed by the man, who was deported to India from England after undergoing his sentence.
Advocate Rajesh Rai, representing the man, said his client, even after undergoing the sentence, has been haunted by his past in “the manner where anybody has his background checked online with half-truth”. This discourages the petitioner to live a reformed life peacefully, the plea said.
The man was convicted by Leicester Crown Court in 2015 for fraud and blackmail. He was sentenced to nine years’ imprisonment. He was released from prison on March 15, 2021, after undergoing the sentence with remissions, and deported to India on July 30.
After his return, the man said, he found that articles relating to his conviction were accessible on the internet and they adversely affected the lives of his children, during his trial and incarceration, and continue to torment them in their day-to-day social life.
“Article 20 of the Constitution protects a person from prosecution and punishment for the same offence more than once. This protection is of no avail against the exposure to torment that can be inflicted on a person, who has undergone the sentence imposed by law, and his family in the social life,” the plea said.
“In jurisdictions abroad, law recognises the right to reform and the right to be forgotten after a person has undergone a sentence for a crime in appropriate circumstances. There is no corresponding law in India as of date. The right to privacy is, however, broad enough to consider such cases appropriately,” advocate Rai said.
The High Court has posted the case for further hearing on December 13, when similar other pleas are also listed.
The Delhi High Court is also seized of two separate petitions — one by two businessmen and another by reality show artiste Ashutosh Kaushik — who want removal of certain videos, photos and articles from various online platforms.
Right to be forgotten is a fairly new concept in India and in recent past, different courts have given varying opinions depending upon the facts and circumstances in each case.
