In a landmark ruling, the Punjab and Haryana High Court has upheld the right to be forgotten, directing the removal of a man's name from the e-courts portal after his acquittal in a criminal case.
The petitioner, a corporate professional from Gurugram, approached the court stating that despite clearing job interviews, he was denied offers because his name continued to appear in legal records.
The petitioner was falsely implicated in an April 2024 FIR registered at Gurugram’s Cyber Cell West under Sections 384 (extortion) and 419 (cheating) of the IPC, along with Sections 66-C and 67 of the IT Act.
The case, involving a disputed sum of Rs 3,000, was quashed in September 2024, with his bail bonds discharged in October 2024.
However, his name remained in court records, affecting job prospects with companies like PayPal and Wells Fargo.
Justice N.S. Shekhawat, in his ruling, stated that "remnants of such charges should not haunt an exonerated person," emphasizing that continued visibility of outdated records violates privacy and dignity under Article 21.
Citing the Justice K.S. Puttaswamy vs. Union of India case, the court reinforced the right to be forgotten and ordered the HC registry and Gurugram district court to replace the petitioner’s name with “ABCD” on public platforms.
The court further directed search engines and social media portals to mask the petitioner’s name wherever it appeared in relation to the case.
Additionally, it urged digital platforms to respect the right to privacy and remove outdated legal references upon request.
This ruling sets a significant precedent for privacy rights in India, ensuring individuals are not unfairly penalized due to outdated legal records.
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