Deletion of online references as “accused” after acquittal in cheating case
Deletion of reference as “accused” on internet on acquittal in cheating case
Important contentions raised by the petitioner in the petition filed in the High Court of Kerala as reported in the today’s news in Bar and Bench.
– When an order of acquittal is passed, the identity of a person as an accused is completely wiped out. However, in the entire search result, the petitioner is identified as an accused even though he was acquitted.
– TNIE report also contains his residential address with a photograh and that the said report discloses the personal information.
– Right to free speech does not mean the right to offend. Daughter’s marriage affected by this issue on finding online reports of the petitioner arrayed as accused in a criminal case.
– Right to reputation is an inseparable part of Article 21 and cannot be tarnished in the name of freedom of speech and expression.
– Reputation of a person is neither metaphysical nor a property in terms of mundane assets but an integral part of his sublime frame.
– Such references as “accused” on internet after acquittal amounts to violation of his right to privacy and right to reputation under Article 21 of the Constitution of India.
This is one more petition after the petition filed in the Gujarat High Court against Google and newspapers for deletion of online reports after quashing FIR against him.
