Right to be left alone is part of Fundamental Right to Privacy, reads a Judgement by Delhi HC: It shall apply to CJI as well?

May 17, 2019:

#MeToo campaign ought not to become an unbridled and unending campaign against an individual.

Delhi High Court has recently held that Right to be forgotten and the Right to be left alone are inherent aspects of the fundamental right to privacy and that #MeToo campaign cannot become a `Sullying #UToo’ campaign forever.

A bench of Justice Pratibha M. Singh passed the order in a case titled as ZULFIQAR AHMAN KHAN vs M/S QUINTILLION BUSINESS MEDIA PVT. LTD. on 09.05.2019.

Now, the pertinent question is whether the #MeToo campaign initiated against the CJI should stop and should not go to the press repeatedly or not. Whether CJI has the same right of privacy as available to the citizen of India or not.

A legal recourse against any form of alleged violation whether civil or criminal can always be taken by any victim subject of course to the law of the land. But can in the name of any right, anyone can repeatedly infringe other's right to privacy which is a fundamental right? As stated, Right to be forgotten and the Right to be left alone are inherent aspects.

One would notice that even despite the fact that a high level committee of three judges of the highest stature has found no substance in the allegation leveled against the CJI, certain section of the media is still trying to malign the  reputation of the CJI and in consequence, the reputation of the judiciary itself. They appear to have been selectively publishing something coming from someone or the other.

Plaintiff in the case cited above filed a suit seeking permanent injunction against Defendant No.1- Quintillion Business Media Pvt. Ltd., Defendant No. 2- its editor as also Defendant No. 3 - the author, who had written two articles against the Plaintiff on the basis of harassment complaints claimed to have been received by them, against the Plaintiff, as part of the #MeToo campaign.

The three individuals, who made allegations against the Plaintiff, have remained anonymous and have not revealed their identity in the public domain. The stories, which had appeared on 12th October, 2018 as also on 31st October, 2018 were impugned in the present suit and an injunction was sought against the publication and re-publication of the said two articles.

Plaintiff claimed that he underwent enormous torture and personal grief due to the baseless allegations made against him. The grievance of the Plaintiff was that he ought to have been given sufficient notice prior to the publication of the impugned articles and by not doing so, the defendants published one-sided accounts which resulted in tarnishment of his reputation.

In the suit, the High Court had passed certain directions prohibiting republication of articles but the articles were republished on different websites.

The High Court observed "The campaign also ought not to become an unbridled and unending campaign against an individual with other electronic/digital portals or platforms picking up the pulled down content through archived material. The #MeToo campaign cannot become a `Sullying #UToo’ campaign forever. If re-publication is permitted to go on continuously, the Plaintiff’s rights would be severely jeopardised".

High Court also observed "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 platform shall stand restrained during the pendency of the present suit".

High Court then proceeded to issue certain directions which would ensure the right of privacy of the plaintiff therein.

The question is why CJI cannot be left alone or be forgotten. Only because has earned a position in life, he cannot be taken as having waived his fundamental rights including the right to privacy. #MeToo campaign should not be allowed to tarnish the reputation of any individual in any manner whatsoever and particularly when it impacts the entire nation.

Any victim can of course take any legal recourse in respect of grievances regarding allegations and it is immaterial whether the alleged person is a common man or the CJI, law is equal to all. But none should have a right to go to the press for selective media campaign which results into damaging of reputation without a fair opportunity.

Media cannot try any allegation and pronounce any person as culprit. Media should not therefore proceed to selectively sensitize one sided account. If a person is exonerated in an inquiry, his right to be forgotten and right to be left alone should be observed by all with more sense of responsibility.

A time has come for introspection by the social media platforms including news portals.

Be that as it may, for convenient reading, a copy of the order of Delhi High Court passed in the aforesaid case is provided hereinafter:

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