Right to be forgotten: Delhi High Court issues notice to Google, Twitter in a plea by a man convicted by UK Court2 min read

BY- SAFEEYA SABEER

In a petition filed by a man seeking the removal of articles from the internet revealing his conviction by the Leicester Crown Court on counts of fraud and blackmail, the Delhi High Court issued notice to the Central government, Google, Twitter, and two media companies on Thursday.
It was on the basis of his Right to Privacy.
On the petition, Justice Rekha Palli issued notifications and requested responses from the information and communications ministries, Google LLC, Twitter, and the two media firms, and set the case for December 13, when additional similar petitions will be heard.
The individual claimed he was convicted in fraud and blackmailing cases by a Leicester Crown Court and sentenced to 9 years in prison, after which he was deported to India in July of this year when he learned of the stories about his 2015 conviction that were available on the Internet.
He stated that the articles had a negative impact on his children’s lives during his trial and jail and that they were still accessible via search engines on the Internet, tormenting them in their daily social lives.
The man’s Advocate, Rajesh Rai, requested that the pieces be removed because they contained “half-truths” and were “tarnishing” his image. According to the petition, when a person has served a sentence for a crime under acceptable circumstances, international law recognizes the right to change and the right to be forgotten. As of now, there is no similar statute in India. The right to privacy, on the other hand, is broad enough to take such instances into account,” the petition continues.
He was ordered to pay Pounds Sterling 553,550 within three months on a POCA (Proceeds of Crime Application) for distribution among victims. After serving his term with remissions, he was released from prison on March 15, 2021, and deported to India on July 30, 2021.
Google’s advocate, Mamta Jha, argued that the articles cited in the petition were legal orders and actions done by the authorities in the case and that no individual had uploaded or posted such materials on the Internet. According to the petition, Article 20 of the Constitution protects a person from being prosecuted and punished for the same offense more than once, but this protection is ineffective against the torment that can be inflicted on a person who has served a sentence imposed by law in his or her family’s social life.
Recently, Justice Palli stated that the Right to be Forgotten is contingent on how far it must be stretched and that a person’s rights must be balanced. The Court had issued notice on a petition filed by Sukhmeet Singh Anand, who sought the revocation of a judgment and an order issued in connection with a 7-year-old FIR filed against him, citing his Right to be Forgotten.

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