Publication of Court Order Not Violation of Right to Privacy: Indian Kanoon Opposes Plea in Kerala HC to Remove Personal Details from Reported Judgments

Team SoOLEGAL 6 Jan 2021 4:09pm

Publication of Court Order Not Violation of Right to Privacy: Indian Kanoon Opposes Plea in Kerala HC to Remove Personal Details from Reported Judgments

According to Indian Kanoon, law allows publication which are termed as public records and that includes court records and orders of courts or tribunals. This was mentioned in a counter affidavit that was filed in Kerala High Court, in response to a writ petition where the petitioner claimed that his name and personal details should be removed from the website.

Indian Kanoon said that once case records become public, it does not count under ‘Right to Privacy’ and it becomes open to all. It also said that judicial proceedings should have proper transparency so that it becomes easier for public to understand better and keep track of new laws or court orders or what punishments are being giving for what crimes.

In October, 2020, Kerala High Court was hearing a case where the petitioner was an accused in a criminal case and he mentioned in his plea to remove his name and personal details from the records of the case in Indian Kanoon website and he has gone through several trauma after getting to know of this and that people would get to know each details of him as Indian Kanoon is a very high rank site in Google. The petitioner also said that ‘Right to Forgotten’ is included in ‘Right to Privacy’ and that it was being violated.

According to the response from Indian Kanoon’s side, the director said that the particular petition has an adverse impact on the right to freedom of expression and the right to access information under Article 19(1)(a) of the Constitution of India. The website says that both ‘Right to Expression’ and ‘Right to Privacy’ should be given importance to in the context of judicial orders.

In reference to a landmark case, Rajagopal v. State of Tamil Nadu, (1994) 6 SCC 632, Kerala High Court said that ‘Right to Privacy’ (Article 21 of the Constitution of India) does not cover the documents that are published publicly with full details.

In reference to another case, Ajay Hasia v. Khalid Mujib Seftravardi, [1]the Constitution Bench of the Supreme Court in this case held that constitutional rights can only be extended against companies if, according to Article 12 of the Constitution as they are regarded as instruments of the State, i.e. if they are in reality owned or regulated by the Government, and the State has comprehensive and general controls and financial aid.

Tagged: Right to Privacy   Kerala HC   Indian Kanoon   Constitution of India   Supreme Court   constitutional rights  
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B.Nageswara rao  7 Jan 2021 6:50am
i following legal updates,useful

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