After the Delhi High Court and Orissa High Court indicating that Right to Forget can be extended to a right to remove reference to an accused in a Court Judgement, the Madras High Court has now rejected the “Right to Redact” the identity of an accused from the Judgement.
In a Judgement delivered on 3rd August 2021 by Justice N. Anand Venkatesh in the WP (MD) no 12015 of 2021, the Court rejected a request from a petitioner Mr Karhick Theodre who had been charged earlier for an offence and acquitted , that his name be redacted from the judgement records.
Similar consideration had come for discussion in two other cases one in Odisha High Court and another in Delhi High Court where the interim decisions were in favour of the accused and acquitted person to get his name removed from access through internet searches.
Naavi.org had observed that the decision was faulty since it interfered with a “Fact” and enabled suppression of the right to information.
The earlier Supreme Court decision regarding the victim of a rape or sexual abuse or in cases of Juveniles, to be conceded such a right does not apply to the case of an accused who may be acquitted for reasons other than being innocent.
This current judgement of the Madras High Court is well reasoned and refused such a request.
We appreciate the decision of the Court which was assisted by the Amicus Curie Mr Arun Anbumani. It is also notable that the hearing was conducted virtually and concluded in quick time.
Naavi
