New Delhi, The Delhi High Court on Wednesday set down for hearing on September 2 appeals by legal database platform India Kanoon against a single judge order directing it to de-index and disable its “name-based search functionality” for certain judicial orders based on “right to be forgotten”.
“There is a judgement of the high court and the Supreme Court on Harshad Mehta. Why should I not be able to search for Harshad Mehta?” the bench asked.
The appeals may be set down for hearing at 2:30 pm on September 2. ” without the writ petition number, case details, you will never be able to access any judgement… No one knows this ,” the bench added. The bench stated that notice shall be deemed to have been issued and accepted in the appeals, as it is ordered, “Counsel for the parties submit that instead of going into the interim aspect …
If the single judge says that one of the considerations which can balance is public interest, public interest is in favour of access to this… On May 29, the single-judge bench recognised an individual’s “right to be forgotten” and directed India Kanoon and Google to de-index and disable name-based searches. He said that while the record in question continues to be available on other legal platforms like SCC Online or Manupatra, it “cannot be accessed by anybody effectively” on India Kanoon due to the single judge’s order. He asserted that if the single-judge’s decision is not upheld, the “stigma” attached to him would never go. In its appeal, India Kanoon has said the single-judge bench’s May 29 judgement has “general and vague” directions, which are prejudicial to the right to information and the goals of open justice.
