In a significant ruling reinforcing digital privacy rights, a Delhi court has ordered major media houses and online search engines to take down and de-index news reports concerning a banker who was exonerated in the high-profile Moser Baer money-laundering case. The court emphasized the lasting damage caused by the perpetual online availability of outdated criminal allegations.
Court Cites 'Digital Permanence' as Cause of Harm
Principal District & Sessions Judge Anju Bajaj Chandna observed that the easy accessibility and permanence of digital records were inflicting potential harm on the plaintiff, despite his full exoneration. The court discharged the banker on August 17 last year, and the complaint was dismissed on July 24, 2025. Judge Chandna stated that the continued online presence of the old news served no public interest and was severely detrimental to the individual's reputation and dignity.
"The permanence of digital information and easily accessible online records are causing potential harm to the plaintiff despite his exoneration from the case," the judge noted. "The information serves no purpose and is detrimental to the plaintiff's reputation. In my opinion, no public interest is served by keeping online information about an individual after criminal proceedings have ended and the person has been cleared of guilt."
Interim Relief Granted Based on Legal Precedents
The court found that the banker's plea satisfied all three legal prerequisites for interim relief: a prima facie case, balance of convenience, and the likelihood of irreparable harm. In its order, the court relied on landmark judgments, including the KS Puttaswamy privacy case, Rakesh Jagdish Kalra, and Jorawar Singh Mundy, to reaffirm that the right to be forgotten can be invoked to protect exonerated individuals from perpetual digital stigma.
As an interim measure, the court has restrained the media defendants from publishing or republishing any content linking the banker to the case. It has directed them to delete, block, de-index, and de-reference the specific URLs listed in the plaint. Furthermore, search engine Google and legal database India Kanoon were ordered to ensure these links do not appear in search results until the final disposal of the suit.
Broader Context of Banking Fraud Cases
This development follows a related proceeding in June this year, where a special court discharged an industrialist in two alleged banking-fraud cases. Both cases originated from accusations by banks regarding loan defaults, which they claimed led to significant financial losses. A key factor that weakened the prosecuting agency's case was that the banks had withheld sanctions to the CBI to investigate and prosecute most of their own officials.
The ruling underscores the growing judicial recognition in India of the need to balance freedom of information with an individual's right to privacy and reputation, especially after they have been legally cleared of wrongdoing. It sets a notable precedent for others seeking to erase the digital trail of past allegations that are no longer legally valid.
