Right to Reputation: Person acquitted in cheating case moves Kerala High Court to remove references to him as 'accused' on internet

A person acquitted in a cheating case has moved the Kerala High Court to remove references to his name as an 'accused' on internet platforms [S Sakeer Hussain v Union of India & Anr.].The petitioner S Sakeer Hussain contended that such references amounts to violation of his right to privacy and right to reputation under Article 21 of the Indian Constitution. When the matter came up for hearing on Thursday, single-judge Justice PV Kunhikrishnan sought the responses of the Central and State governments as well as search engine Google and newspaper The New Indian Express (TNIE). The petitioner argued that the right to reputation is an inseparable part of Article 21 and cannot be tarnished in the name of freedom of speech and expression.The right to free speech does not mean the right to offend, he contended.“Reputation of a person is neither metaphysical nor a property in terms of mundane assets but an integral part of his sublime frame and a dent in it is a rupture of a person's dignity, negates and infringes fundamental values of citizenry right," the plea added..The petitioner further emphasised that a judgment of acquittal gives the accused a right of getting an automatic expungement of his name from all records and particularly from those in the public domain.When a judge records an order of acquittal, the identity of a person as an accused is completely wiped out, the petitioner asserted..He further pointed out that he was acquitted of all the charges he was earlier accused of in a cheating case. Despite the acquittal, his name continues to be reflected in the High Court judgment available online if anyone searches for his name on Google, he submitted. He further argued that on such an online search, a news report published by TNIE of the petitioner's arrest is shown..“In the entire search result, the petitioner is identified as an accused even though he has been ultimately acquitted from all charges," he highlighted..The plea added that the TNIE report also contains his residential address along with a photograph and that the said report discloses the petitioner's personal information.The petitioner further informed that he also approached TNIE and the authorities concerned to redact his name and images from the internet. However, they were stated to have turned a blind eye to the petitioner’s right to reputation and privacy, prompting him to approach the High Court for relief. .He also raised a grievance that his daughter's marriage was affected because of this issue. He said that his daughter's marriage was fixed with a prestigious businessman but the groom withdrew from the alliance after finding online reports of the petitioner having been arrayed as an accused in a criminal case.The spread of the online news report of him having been accused in a case, despite his acquittal from the same case, has affected his social status and reputation, the petitioner contended. .Therefore, the petitioner has urged the High Court to direct the Union Ministry of Information and Broadcasting and the State government to redact his name from the public domain and to protect his right to reputation. He has also urged the Court to direct TNIE to redact news and images concerning the petitioner from their online news portal..Advocates Sandeep RN, B Muhammed Shaheel, Keeryhi Vijayan, and Rahul SR are representing the petitioner..On a related note, a Gujarat High Court bench on Wednesday opined that the media should delete news articles reporting on the lodging of an FIR once such a case is quashed. If not, they could harm the reputation and goodwill of the person against whom the case was lodged, the Court orally observed. .Right to be forgotten: Litigants call to erase the trials and tribulations of the past