Delhi Court Upholds 'Right to be Forgotten' To Shield Banker's Reputation

Invoking the right to be forgotten, the Patiala House of Court has directed major media organisations and search engines to take down and de-index past news reports naming banker Nitin Bhatnagar in the Moser Baer money-laundering case, noting that he now stands fully exonerated.

The order was passed by Principal District & Sessions Judge Anju Bajaj Chandna, who observed that the continued online availability of outdated allegations was causing ongoing harm to the banker's dignity and reputation.

The court held that the enduring presence of adverse digital information serves no public interest once criminal proceedings have concluded and the individual has been cleared of all charges.

It noted that past articles still accessible through search engines linked Bhatnagar to the fraud case despite his discharge on August 17, 2024 and the subsequent dismissal of the entire complaint on July 24, 2025. These developments, the court said, amounted to complete exoneration on the merits.

Judge Chandna emphasised that the banker's right to live with dignity and peace of mind is intrinsic to the constitutional guarantee of life and liberty. Since no criminal case remains pending against him, the court held that allowing old online reports to persist would only inflict further reputational damage.

It found that all three legal requirements for an interim relief prima facie case, balance of convenience, and irreparable harm were satisfied in Bhatnagar's favour.

Relying on landmark rulings including KS Puttaswamy, Rakesh Jagdish Kalra, and Jorawar Singh Mundy, the court reaffirmed that the right to be forgotten can be invoked when an exonerated person seeks protection from perpetual digital stigma.

It noted that modern online platforms create a permanent, easily accessible record of allegations that can unfairly damage the reputations of individuals who have been cleared of wrongdoing.

As an interim measure, the court restrained media defendants from publishing or republishing any further content linking Bhatnagar to the ED case. It also directed them to delete, block, de-index and de-reference the URLs listed in the plaint. Search engine Google and legal database India Kanoon were similarly ordered to ensure that these links no longer appear in search results until final disposal of the suit.

The court clarified that the order does not constitute a final finding on the merits of the case but is intended to protect the banker from ongoing digital harm while the main suit is pending.

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