Delhi Court Upholds Right to be Forgotten: Banker Exonerated in Moser Baer Case Wins Digital Privacy Protection

The order was issued by Principal District & Sessions Judge Anju Bajaj Chandna.

New Delhi:

The Patiala House Court has invoked the right to be forgotten, directing prominent media organizations and search engines to remove and de-index previous news reports that named banker Nitin Bhatnagar in the Moser Baer money-laundering case, acknowledging his complete exoneration.

Principal District & Sessions Judge Anju Bajaj Chandna delivered this ruling, noting that the continued online availability of outdated allegations was causing persistent damage to the banker's dignity and reputation.

The court determined that the persistent presence of negative digital information serves no public benefit once criminal proceedings have concluded and the individual has been fully cleared of all allegations.

The ruling highlighted that previously published articles, still accessible through search engines, continued to link Bhatnagar to the fraud case despite his discharge on August 17, 2024, and the subsequent dismissal of the entire complaint on July 24, 2025. The court recognized these developments as constituting full exoneration on the merits of the case.

Judge Chandna emphasized that the banker's right to live with dignity and peace of mind is fundamental to the constitutional guarantee of life and liberty. With no criminal case remaining against him, the court ruled that allowing outdated online reports to persist would only cause further reputational harm.

The court found that all three legal prerequisites for interim relief—prima facie case, balance of convenience, and irreparable harm—were satisfied in Bhatnagar's favor.

Drawing upon landmark judgments 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 individual seeks protection from perpetual digital stigma.

The ruling acknowledged that modern online platforms create an enduring, easily accessible record of allegations that can unfairly damage reputations of individuals who have been cleared of wrongdoing.

As an interim measure, the court restrained media defendants from publishing or republishing any additional content connecting Bhatnagar to the ED case. It also instructed them to delete, block, de-index and de-reference the URLs listed in the complaint. Search engine Google and legal database India Kanoon received similar directives to ensure these links no longer appear in search results until the final resolution of the suit.

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