Publishing judgement
Vir Indian
(Querist) 07 January 2014
This query is : Resolved
Dear Experts
Can I stop a website from publishing judgements related to my client? Will an injunction or court order be needed?
Furthermore, my client is a European National citing the European Charter of Human Rights (Right to Privacy). Will the court in India recognise this?
Vir
Advocate. Arunagiri
(Expert) 07 January 2014
You can not stop a media from publishing the judgment as it is. But, in case they are passing any comments or interpretations on their own, you can stop them.
You may send a notice, if there is no response, go for court injunction.
Adv.Aiyer VLV
(Expert) 07 January 2014
You need to verify whether India ratified and accepted that charter, public international law will help you in specifically an injunction.
Though judgements are public, distinction of reportable or not is maintained by court. A person needing copy gives affidavit and it could be rejected too. Not free for all.
European has no fundamental right. But his rights are to be protected neverthless.
Take caution to include any publication by any media, webservers.
But if Court makes it reportable? IA is a must. You give reference to hc is judge not able to comprehend your application validity.
Without Court order publication of truth can't be prosecuted.
Devajyoti Barman
(Expert) 07 January 2014
The court in India would not bypass Indian law and adhere to what has been there in the Charter.
If there is no bar in making it reportable, you can not stop it getting published.
R.K Nanda
(Expert) 07 January 2014
nothing to add more.
ajay sethi
(Expert) 07 January 2014
agree with expert Arunagiri
Vir Indian
(Querist) 07 January 2014
Thank you Advocate Aiyer and Mr Arunagiri.
Mr Barman- under what circumstances would the court allow the judgement to be publishes?
Devajyoti Barman
(Expert) 07 January 2014
If court does not put any bar then it can be published. No specific permission is required.
Vir Indian
(Querist) 08 January 2014
Thank you Mr Devajyoti Barman.
So conversely, when can a court order a judgement to be non-reportable?
Can a person move the court to make a judgement non-reportable ?Is there a time limit for this.
Many thanks in advance respected readers.
Devajyoti Barman
(Expert) 08 January 2014
Yes, he can apply for its publication. No time limit is there for this.
Adv.Aiyer VLV
(Expert) 08 January 2014
time is asap. since you want to prevent publication.
Please note that your clients interpretation must be valid.
Even though indian law is upheld, international law will be considered. Try using HC for its revisionary power, if you are not considered favourably.
under IT Act, 2005, you can apply to CERT through a nodal officer in state. try this. they can block all websites.
In the event concern of client is only about publication being available in europe, he can try similar relief there.
Is the issue that serious that publication will affect his right? you have not answered the question asked about why publicaiton is being prevented. this was asked in your other query
regards
T. Kalaiselvan, Advocate
(Expert) 11 January 2014
Mr. Aiyer's opinion is right, however the author has not given the reason for seeking to prevent the publication.
Vir Indian
(Querist) 12 January 2014
Thank you Adv Aiyer. I have awarded you points for your answer.
In response to question by Adv Aiyer and Mr R Kalaiselvan, my client is seeking the right to prevent publication or rather making a reportable judgement non-reportable, because only till recently is my client's name turns up in certain searches on the internet and this being a private matter is affecting both his personal and professional life adversely. It did not turn up earlier when the judgment was announce a year ago but now it has been.
Vir Indian
(Querist) 13 January 2014
Also, to add to that, there are certain facts which are incorrect but have been published by the court in the judgement which are having a material affect on him and his life.
