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The Supreme Court has passed an interim order prohibiting the editing, uploading, reposting and monetisation of recordings of judicial proceedings on social
Speaking at the 5th Justice H.R. Khanna Memorial National Symposium organised by the CAN Foundation, Justice Augustine G. Masih reflected on Justice H.R. Khanna’s enduring constitutional legacy and examined how judicial independence is being tested in an era shaped by social media, artificial intelligence and unprecedented digital visibility.
In a 144-page ruling on 35+ petitions, Justice Sachin Datta held that the right to be forgotten is a constitutional right under Article 21, allowing acquitted persons, discharged accused, matrimonial dispute parties and sexual offence victims to seek de-indexing of judicial records from name-based search results globally, while declining relief for convicted persons, public figures, and cases involving ongoing public interest.
The Supreme Court held that the critical views of the Media One News Channel on Government policies cannot be termed ‘anti-establishment’ as the use of such a terminology in itself, represents an expectation that the press must support the establishment.
Observing that the sealed cover procedure violates both principles of natural justice and open justice, the Supreme Court has held that the public interest immunity proceeding is a less restrictive means to deal with non-disclosure on the grounds of public interest and confidentiality.
by Drasti Jain* and Aryan Deshmukh**