The Bombay High Court has taken a significant step in upholding the right to privacy by instructing its registry to anonymize the name of an environment and climate change consultant involved in a criminal case that was later quashed. This directive was issued in the case ABC v. State of Maharashtra & Ors. by a Division Bench comprising Justices Urmila Joshi-Phalke and Nivedita P. Mehta.
Reaffirming the Right to Privacy and the Right to Be Forgotten
The court emphasized that the right to privacy is a fundamental right enshrined in the Constitution. Integral to this right is the concept of the ‘right to be forgotten.’ The court highlighted that while access to information is a cornerstone of democratic society, it must be balanced against an individual’s right to privacy.
Justice Joshi-Phalke and Justice Mehta pointed out that once proceedings are quashed, perpetuating such information online serves no public interest. This principle was applied in the case where the petitioner sought to have his personal details removed from all digital court records.
Case Background and Court’s Decision
The petitioner, who had previously sought anticipatory bail in a 2017 criminal case, had his FIR quashed after an amicable settlement was reached between the parties. Despite this resolution, the unredacted records remained accessible online, indexed by search engines, and visible during professional and educational checks.
Arguing that this ‘algorithmic permanence’ was damaging his career and personal reputation, the petitioner invoked his right to privacy and the right to be forgotten. His concerns extended to potential stigma affecting his family and minor daughter.
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In response, the court mandated the anonymization of his identity in all relevant records and search results. The registry was instructed to replace his name with ‘ABC’ in future case documents, including cause titles, pleadings, citations, judgments, and orders.
Legal Representation
Advocate S.B. Tiwari represented the petitioner, while Additional Public Prosecutor V.A. Thakare appeared for the State and the High Court registry. The court’s order sets a precedent in balancing the right to privacy with public access to information.
