Delhi High Court - Orders
Jibin Menon vs Union Of India And Ors on 27 May, 2025
Author: Sachin Datta
Bench: Sachin Datta
$~154
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3883/2025
JIBIN MENON .....Petitioner
Through: Ms. Kajal and Mr. Anmol Bhadana,
Advs.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Balendu Shekhar, CGSC, Mr.
Rajkumar Maurya and Mr. Krishna
Chaitanya, Advs. for UOI.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 27.05.2025
1. The present petition has been filed by the petitioner seeking the following prayers -
2. Issue notice.
3. Learned counsel, as aforesaid, accepts notice on behalf of the respondent no.1/UOI.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 22:26:06
4. Issue notice to the respondent no.2, on necessary steps being taken by the petitioner, through all permissible modes, including electronically.
5. Let reply, be filed within a period of four weeks. Rejoinder thereto, if any, be filed within four weeks thereafter.
6. The petitioner is stated to be a well-qualified person who had been forcibly admitted to a rehabilitation centre on 30.10.2023 at the behest of his wife. After remaining in the said rehabilitation centre for a period of about 9 months, the petitioner was released from there pursuant to directions of this Court passed in W.P.(Crl) 2196/2024 titled as Ashish Sharma v. State of NCT of Delhi & Ors.
7. The petitioner is aggrieved on account of the fact that in the order/s passed in the aforesaid proceedings, certain allegations made by the opposite party regarding the "disturbed mental health" of the petitioner have been recorded. It is submitted that the said allegations are unsubstantiated and that no judgment was rendered on this aspect. Moreover, the Court in these proceedings directed that the petitioner be released from the concerned rehabilitation centre.
8. It is further submitted that on account of the aforesaid allegations being recorded in the orders passed in W.P.(Crl) 2196/2024 titled as Ashish Sharma v. State of NCT of Delhi & Ors., the petitioner's earlier employment with the Bank of America got terminated and he is unable to secure further employment.
9. Thereafter, the petitioner sent an email communication dated 19.12.2024 to the respondent no.2, seeking that the orders passed in the aforesaid proceedings be removed from the respondent no.2 platform. However, vide email dated 23.12.2024, the respondent no.2 refused to take This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 22:26:06 any action in this regard in the absence of any order/s passed by the Court to do so.
10. It is submitted that the continued availability of the said orders on the respondent no.2 platform impinges upon the petitioner's right to privacy and right to be forgotten envisaged under Article 21 of the Constitution of India.
11. It is noticed that in similar circumstances such as in Jorawer Singh Mundy @ Jorawar Singh Mundy v. Union of India & Ors. [W.P.(C) 3918/2021], this Court has passed interim order/s, directing the removal of order/s from respondent no.2 platform and other publicly accessible platforms. Relevant portion of the said order reads as under -
"9. The Right to Privacy is well recognized by the Supreme Court in the Constitution Bench judgment in K.S. Puttaswamy v. Union of India (2017) 10 SCC 1. In Zulfiqar Ahman Khan v. Quintillion Businessman Media Pvt. Ltd & Ors. this Court had examined this issue and while granting an interim order, this court had held as under:
"8. In fact, it is the submission of ld. counsel for the Plaintiff that the Plaintiff's personal and professional life has been hampered irreparably and further damage is likely to be caused if appropriate relief is not granted against the republication of these two articles. The original publisher having already agreed to pull down the same, this Court having directed that the same ought not to be republished, the Plaintiff, thus, has a right to ensure that the articles are not published on multiple electronic/digital platforms as that would create a permanent atmosphere of suspicion and animosity towards the Plaintiff and also severely prejudice his personal and professional life. The printouts of the articles from www.newsdogapp.com, which have been shown to the Court, leave no doubt in the mind of the Court that these are identical to the articles published on www.thequint.com, which have already been pulled down.
9. Accordingly, recognising the Plaintiff's Right to privacy, of which the `Right to be forgotten' and the `Right to be left alone' are inherent aspects, it is directed that any republication of the content of the originally impugned articles dated 12th October 2018 and 31st October 2018, or any extracts/ or excerpts thereof, as also modified versions thereof, on any print or digital/electronic This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 22:26:06 platform shall stand restrained during the pendency of the present suit.
10. The Plaintiff is permitted to communicate this order to any print or electronic platform including various search engines in order to ensure that the articles or any excerpts/search results thereof are not republished in any manner whatsoever. The Plaintiff is permitted to approach the grievance officers of the electronic platforms and portals to ensure immediate compliance of this order"
10. Recently, the Orissa High Court in Subhranshu Rout v. State of Odisha [BLAPL No.4592/2020, decided on 23rd November, 2020], has also examined the aspect and applicability of the "Right to be forgotten"
qua Right to Privacy, in a detailed manner including the international law on the subject.
11. It is the admitted position that the Petitioner was ultimately acquitted of the said charges in the case levelled against him. Owing to the irreparable prejudice which may be caused to the Petitioner, his social life and his career prospects, inspite of the Petitioner having ultimately been acquitted in the said case via the said judgment, prima facie this Court is of the opinion that the Petitioner is entitled to some interim protection, while the legal issues are pending adjudication by this Court.
12. Accordingly, Respondent Nos. 2 and 3 are directed to remove the said judgment dated 29th January 2013 in Crl.A.No. 14/2013 titled Custom v. Jorawar Singh Mundy from their search results. Respondent No.4 - Indian Kanoon is directed to block the said judgement from being accessed by using search engines such as Google/Yahoo etc., till the next date of hearing. Respondent No.1 to ensure compliance of this order."
12. In the present case as well, the immense inconvenience and prejudice to the petitioner, on an ongoing basis, is evident from the accessibility of the allegations recorded in the orders passed in W.P.(Crl.) 2196/2024 titled Ashish Sharma v. State of NCT of Delhi & Ors.. As such, interim orders are warranted considering the facts and circumstances the case, the balance of convenience, and the prospect of irreparable injury if the present position is allowed to persist.
13. Accordingly, in line with the aforesaid order in Jorawer Singh Mundy @ Jorawar Singh Mundy v. Union of India & Ors. (supra), the respondent no. 2 is directed to remove the said orders and judgment in This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 22:26:06 W.P.(Crl) 2196/2024 titled Ashish Sharma v. State of NCT of Delhi & Ors. from its search results and block the said orders and judgement from being accessed by using search engines such as Google/Yahoo etc., till the next date of hearing.
14. The respondent No.1 is also directed to ensure compliance of this order
15. List on 12.09.2025.
SACHIN DATTA, J MAY 27, 2025/dn This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 22:26:06