Names of acquitted persons cannot be removed from records in absence of statutory backing: Madras High Court

By - Divisha Shrivastava*

Karthick Theodre (the petitioner) was accused of charges under Sections 417 (cheating) and 376 (rape) of the Indian Penal Code (IPC), and was acquitted of all the charges so. Pursuant to this he filed a writ petition in the High Court to have his name removed from the judgment.

The petitioner stated that because he was cleared of all accusations against him, his name should be deleted from the case's final decision because it is damaging his reputation in society.

The Court observed that the administration of justice is a public-interest. As a result, the right to be forgotten cannot exist in the administration of justice, particularly in the context of court judgments.

Also Read - Delhi HC granted relief to a Christian couple who adopted a child under Hindu Adoption and Maintenance Act due to wrong legal advice.

The court observed that for now no data protection act exists and the government is under process to ensure the protection of every person’s privacy. The court further said that there is no legislation that allows the accused's name to be removed from the case even after he has been cleared of all charges.

Submissions came from a variety of perspectives, and the effective submissions that came from the bar were praised by the bench. “...this Court will be failing in its duty if it does not once again acknowledge the assistance rendered by the Bar in deciding this sensitive and knotty issue,” the bench said.

Also Read - Additional slot cannot be provided in Tokyo Paralympics says International Paralympic Committee; SC disposes of Naresh kumar Sharma's plea.

The Court had previously expressed a prima facie view that an acquitted accused has a right to have his name deleted from court documents, and had sought input from the Bar on the issue. After a lengthy hearing, the Court has come to the conclusion that such a right does not exist without statutory support.

“This Court honestly feels that our criminal justice system is yet to reach such standards where courts can venture to pass orders for redaction of name of an accused person on certain objective criteria prescribed by rules or regulations. It will be more appropriate to await the enactment of the Data Protection Act and Rules thereunder, which may provide an objective criterion while dealing with the plea of redaction of names of accused persons who are acquitted from criminal proceedings,” the court held.

*Divisha Srivastava is a 1^st year student pursuing B.B.A.LL.B from S.N.D.T School of Law, Mumbai, Maharashtra.

Comments

Pune Porsche Crash: Father of Minor Granted Bail

Image Credit: tv9marathi A Pune court has granted bail to the minor’s father, Vishal Agarwal, who faced charges under the Juvenile Justice Act for neglect and endangering the child by allowing him to drive without a license and consume alcohol. Additionally, bar owners and managers were arrested for serving alcohol to minors. The father, already in custody for other related charges, was implicated in the alleged manipulation of his son’s blood samples and in a separate case of kidnapping his driver. Advocate Prashant Patil argued that Vishal Agarwal's arrest was unlawful, contending that the charges were non-cognizable offenses and required a notice under the Criminal Procedure Code. Mr. Patil also highlighted contradictions in police reports, where the minor was listed as the accused in one FIR and as a victim in another. Also Read: Delhi High Court Stays Delhi Chief Minister Arvind Kejriwal's Bail in Excise Policy Case Earlier Proceedings in the Pune Porsche Crash Inc...

Patna High Court Declares Bihar’s Reservation Amendments Ultra Vires

In a landmark decision, the Patna High Court has invalidated the Bihar government's legislative attempt to increase reservations for backward classes. The court's ruling focused on procedural flaws and the absence of a robust empirical basis for the hike, sparking a debate on judicial intervention in affirmative action policies. Background and Rationale Behind Setting Aside Bihar Reservation Increase Law The Bihar government had proposed an increase in reservations to address socio-economic disparities faced by backward classes. However, the court found that the state failed to follow due process, which includes conducting a thorough empirical study to justify the policy change. This procedural oversight led to the court's decision to strike down the increase. The High Court emphasized the necessity of a data-driven approach for policy changes related to reservations. The ruling underscored that without solid empirical evidence, such policies could not be justified within...

Application by a Necessary Party Seeking Recall of an Ex-Parte Order is Maintainable: Allahabad High Court

The Allahabad High Court ruled that every Court and Tribunal possess inherent power to set aside an ex-parte order as a form of 'procedural review,' distinct from the statutory power to review a case on merits. Justice Yogendra Kumar Srivastava held that revenue authorities can recall an ex-parte order to correct procedural defects and ensure justice between the parties. This inherent power allows the Court or Tribunal to correct procedural illegality that invalidates the proceedings and the order itself. The case in question involved a recall application against an ex-parte order passed under Section 24 of the UP Revenue Code. The Court held that a recall application can be maintained by non-parties if they are necessary parties to the proceedings. The judgment emphasizes the principle of natural justice that no adverse orders should be passed without giving an opportunity of hearing, and a recall can be sought to correct procedural errors. The Court clarif...

Lawgic Simplified

Search This Blog