Accused Entitled To Have His Name Redacted From Court Orders Once Acquitted: Madras HC

BACKGROUND

• The petitioner had faced criminal proceedings for the offence under Sections 417 and 376 of the I.P.C and was sentenced guilty by the Trial Court.
• The petitioner filed an appeal before the Madras High Court challenging the judgment of the Trial Court and was acquitted from all the charges.
• The petitioner informed the Court that even though he was acquitted, his name still appears in the judgment as accused whenever anyone searches for the judgment and it has taken a hit on his reputation and therefore, he wants his name to be redacted from the judgment.

OBSERVATION OF THE COURT

• The Court observed the landmark Supreme Court judgment of K S Puttasamy V. Union of India, where it held the right to privacy as a Fundamental Right under Article 21 and passed the order to redact the petitioner’s name from the judgment to uphold his Right to Privacy.
• The Court also referred to Data Protection Bill 2019 that is in the process of finalization and will protect the data and privacy of a person once it comes into effect.
• The effect of social media was also noticed where the first impression of a person is created by the data provided by search engines and affects their reputation.

ORDER

• Since it was the first time that such a matter came before the Court, the Court ordered to hear the counsel of the respondents and the Members of the Bar.
• As a result, the Court opined that upon acquittal, the accused has a right to redact his name from all Court orders related to a case.

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