Supreme Court to Examine 'Right to Be Forgotten' in Judgements

The Supreme Court will examine whether an accused acquitted in a criminal case can seek the removal of the judgement from public records, invoking the 'right to be forgotten.' The case arose after the Madras High Court ordered the removal of a judgement revealing the identity of an acquitted individual.

The Supreme Court of India has taken up the complex legal question of whether an acquitted person can have their judgement removed from public and digital records under the 'right to be forgotten.' This comes after the Madras High Court ordered the removal of a judgement revealing the identity of an acquitted individual, which was challenged by Ikanoon Software Development Pvt Ltd.

A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra noted the serious ramifications of such a measure. The bench maintained that removal of judgements, public documents by nature, from the public domain, could set a dangerous precedent.

The top court has issued a stay on the Madras High Court's directions and acknowledged conflicting judgements from various high courts on this issue. They highlighted concerns over the potential misuse of such a precedent, extending beyond criminal cases to commercial disputes and other sensitive matters.