Right To Be Forgotten: Delhi High Court Issues Notice On Plea By Indian, A Recently Released UK Ex-Convict, Seeking Removal Of Articles

The Delhi High Court has issued notice on a plea filed by a man namely Mohammed Umar Ashrafi, who was convicted by UK's Leicester Crown Court in 2015 and was released and deported to India after completing his sentence, seeking removal of news articles from the internet, pertaining to his conviction.

Ashrafi has invoked his "right to be forgotten".

Justice Rekha Palli sought response of Union of India through Ministry of Information and Broadcasting, Google LLC, Twitter, Hindustan Times and Amar Ujala.

The Court has granted three weeks for the purpose of filing counter affidavit in the matter and a further period of one week for filing rejoinder.

Filed through Advocate Rajesh Rai, the petition states that international law recognises the right to reform and the right to be forgotten after a person has undergone a sentence for a crime in appropriate circumstances.

"There is no corresponding law in India as of date. The right to privacy is however broad enough to consider such cases appropriately," the plea adds.

The petitioner was sentenced to a total of 9 years imprisonment on the charges that comprised 15 counts of Fraud and 1 count of Blackmail.

Thereafter, on a POCA (Proceeds of Crime Application) he was directed to pay Pounds Sterling 553,550 within three months, for distribution amongst victims. He was thereafter released from prison on 15th March, 2021 after undergoing the sentence with remissions, and was deported to India on 30th July, 2021.

"Even after undergoing sentence for 9 years and paying hefty fine he is still being humiliated due to the half-truth publications/ articles published in the websites and by the publishers i.e. Respondent No. 5 and 6 and various foreign websites which can be accessed through the intermediary i.e. Respondent No. 3," the plea added.

The matter will now be considered on December 13 along with other petitions raising similar issue of Right to be Forgotten.

Recently, Justice Palli observed that the Right to be Forgotten depends on how far it has to be be stretched and that the rights of a person have to be balanced. The Court had issued notice on a plea moved by one Sukhmeet Singh Anand seeking removal of a judgment and an order passed in connection with a 7 year old FIR registered against him, thereby invoking his Right to be Forgotten.

Justice Palli had also issued notice on plea filed by Ashutosh Kaushik, winner of Roadies 5.0 and Bigg Boss (2008), seeking removal of all posts, videos, articles, etc. from the internet, allegedly sensationalizing his past life at the strength of a 2009 drunken driving case and altercation at a Mumbai cafe in 2013. 

The petitioner was represented by Advocate Rajesh and RR Legal Partners LLP.

Case Title: MOHAMMED UMAR ASHRAFI v. UNION OF INDIA & ORS.