Landmark ruling reinforces individual privacy rights in digital records, mandates removal of petitioner’s identifiers from public access
In a significant judgment passed on July 3, 2026, the Bombay High Court's Nagpur Bench has upheld the fundamental right to privacy, encompassing the "Right to be Forgotten," for individuals whose criminal proceedings have been quashed. The case, titled ABC v. State of Maharashtra, was heard by Justices Urmila Joshi-Phalke and Nivedita P. Mehta, who ruled in favor of the petitioner, ABC, seeking the removal of personal identifiers from publicly accessible digital records.
The petitioner, represented by Mr. S.B. Tiwari, argued that despite the quashing of criminal proceedings against him, the unredacted digital records continue to appear prominently online, adversely affecting his career and social life. The petitioner contended that such exposure violates his fundamental right to privacy under Article 21 of the Constitution of India.
The court acknowledged the petitioner's concerns, noting that the continued online presence of these records serves no public interest and instead causes prejudice to the petitioner's reputation and career progression. Referring to precedents set by the Supreme Court in KS Puttaswamy-II and decisions of other High Courts, the judges affirmed that the right to privacy, including the right to be forgotten, is intrinsic to Article 21 of the Constitution.
The judgment emphasized the need to balance public access to information with individual privacy rights, especially in cases where proceedings have been legally quashed. In a digital era where information permanence poses unique challenges, the court recognized the petitioner's right to request the removal or masking of personal identifiers to safeguard his privacy.
The Additional Public Prosecutor, Mr. V.A. Thakare, opposed the petitioner's request but conceded on the undisputed right to privacy, leading the court to pass an appropriate order.
The court directed the Registry to anonymize the petitioner's name in all digital records related to the quashed proceedings, ensuring future references to the petitioner appear as "ABC" in public digital records. This ruling marks a crucial step in reinforcing individual privacy rights in the digital age, setting a precedent for similar cases where individuals seek to protect their identity from unnecessary public exposure after legal exoneration.
Bottom line:-
Right to Privacy - Right to be Forgotten - The right to privacy is a fundamental right under Article 21 of the Constitution of India and includes the "Right to be Forgotten." Courts can direct masking and anonymizing of names and personal identifiers from public digital records, especially when no public interest is served by keeping such information accessible.
Statutory provision(s): Article 21 of the Constitution of India
ABC v. State of Maharashtra, (Bombay)(DB)(Nagpur Bench) : Law Finder Doc id # 2939809
