Panasam Akshara | Delhi HC
Case-Moleesha v. Union of India & Ors.
A bench of Justice Yashwant Varma while hearing a set of petitions seeking protective orders in light of Right to be forgotten,the counsel appearing for Google highlighted that the application of Right to be forgotten is different in case to case,he submitted that first ex-parte order passed in matter is being used repeatedly as precedent in various courts,it was causing a snowballing effect when enquired about the reason the counsel said many people had approached different courts stating that Delhi High Court has recognised Right to be forgotten.The order in question was of case Jorawar Singh Mundy v. Union of India & Ors was regarding blocking of judgement of an American citizen acquitted in NDPS case on Google and Indian Kanoon,In this case the single judge bench noted that despite being acquitted in case,the petitioner was facing irreparable prejudice in his social life and career prospects due to judgement being available on google search to any potential employer who wanted to conduct his background verification before employing him.Court held that petitioner is entitled to interim protection,While doing so court stated Right to be forgotten required required consideration and would have to adjudicated by court.The counsel for Google stated that right to be forgotten has different shapes and shades.For instance if a person's sexually explicit image is available on google it was can be removed immediately,he added that court had set up committees to look into what had to be done and respondent had no problem with the same.However one side privacy and the other side right to be forgotten the between grey area nuanced application for matter was required.Taking into consideration all the facts and circumstances the court stated the respondents may submit brief synopsis of their submissions and compilation of judgements they want to rely on.The court ordered Google India to delete a party from the matter and Google LLP was impleaded in its place.All other news portals that has already arrayed as respondents shall also file replies.The matter is listed to 12 October,2022.