Now Reading: Delhi HC: case-number search no substitute for name search
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Delhi HC: case-number search no substitute for name search
The Delhi High Court observed that restricting access to court orders through name-based searches is not a substitute for complete de-indexing, even when the right to be forgotten is upheld. The division…
The Delhi High Court observed that restricting access to court orders through name-based searches is not a substitute for complete de-indexing, even when the right to be forgotten is upheld. The division bench made the remark while hearing Indian Kanoon's challenge to a single-judge order that directed Google and Indian Kanoon to remove or restrict access to judgments and news reports naming certain litigants.
Senior Advocate Arvind Datar, representing Indian Kanoon, argued that judicial orders cannot be deleted like news reports, and that the platform is the only legal website affected by the order. He noted that the same judgments remain accessible on SCC Online, Manupatra and Taxmann. Senior Advocate Akhil Sibal, arguing for the right-to-be-forgotten petitioner, said the stigma of past legal proceedings never goes away with unrestricted online access.
The right to be forgotten is not a statutory right in India but has been recognised as part of the fundamental right to privacy in the Puttaswamy judgment. The court will hear the case again on September 2.
Indian Opinion Analysis
The Delhi High Court is grappling with a core tension: the right to be forgotten, rooted in privacy, and the principle that judicial records must remain public. Indian Kanoon's argument that it alone is singled out matters because the platform provides free access, while paid databases like SCC Online and Manupatra remain untouched. The September 2 hearing may clarify whether de-indexing orders can be platform-specific. Any ruling here will set a precedent for how Indian courts balance privacy against open justice, especially for decades-old cases where the litigant has moved on. Watch for whether the court prescribes a uniform rule or leaves it to case-by-case balancing.
Source: medianama.com
This story was synthesised by AI from the source linked above.
