Gujarat HC issues notices to Google, media houses

The Gujarat High Court has issued notices to Google India and several media houses on a petition moved by a businessman seeking removal of news content based on an FIR naming him on the ground that the case against him has been quashed. The petitioner has argued that just like right to reputation, "the right to be forgotten is also a fundamental right."

The division bench of justices A J Desai and Aniruddha Mayee issued notice to the central government, Google India and several daily newspaper houses on a petition moved by Rakesh P Rajdev through advocate Virat Popat. Rajdev has described himself in the petition as a "reputed trader and businessman" operating in the city of Rajkot and across India, who also has NRI status. The business of the petitioner is dependent upon his "credentials and reputation".

In October 2020, the Detection of Crime Branch, Ahmedabad registered an FIR against him and other accused for cheating. Two months later, the high court quashed the FIR against him. Rajdev informed respondents newspapers and Google India to "remove URL/take down articles which were defamatory in nature against the appellant" since the FIR was already quashed.

He has said that no action was taken by the respondents following which he moved high court seeking appropriate relief. The petition was dismissed by the court on the ground that "respondents are private individuals and not amenable to the writ jurisdiction under article 226 of the Constitution of India."

Subsequently, he moved the present petition before the division bench with a Letter Patent Appeal (LPA). He has contended before the court that respondent newspapers and Google India should "remove the URL/take down article which was defamatory in nature against the appellant and FIR was already quashed."

He has submitted that "there is no denial to the fact that a right to reputation is a fundamental right. The right to be forgotten is also a fundamental right."

"The fundamental right to privacy of the appellant is violated in the present case. The right to be forgotten is also an integral part of the right to privacy. As per the settled legal position media is considered to be fourth pillar of democracy which performs public function and has also public duty cast upon them. In such a background, a writ of mandamus will play against the private respondents," the petitioner has argued.

The court has asked the parties to respond to notices by April 7.

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