A rape accused has approached the Kerala High Court, requesting orders to safeguard his right to privacy and dignity until the conclusion of his trial. He has specifically asked for the removal of articles about him published by The New Indian Express and the bail orders listed on the Indian Kanoon website.
The petitioner argues that even individuals accused of crimes are entitled to the right to dignity and privacy, as guaranteed by Articles 14, 19, and 21 of the Indian Constitution.
“It is often observed that the media points fingers and casts doubt on individuals and institutions under the guise of exercising their fundamental rights. The principle of ‘innocent until proven guilty’ is frequently ignored, compromising the accused’s right to a fair trial,” the plea states.
The petitioner, facing charges under Sections 376(2)(1) and 376(2)(n) of the Indian Penal Code, spent over a month in judicial custody before being released on bail by the Kerala High Court.
He expressed concern about the negative impact of media coverage on his privacy and that of his family members, stressing that an accused person is presumed innocent until proven guilty.
The articles published on the Indian Kanoon website include his name and full address, which he shares with his wife and two young daughters, according to the plea. Furthermore, the online circulation of these articles within his professional network led to him resigning from several positions in the companies he worked for.
The petitioner also highlighted the challenges posed by the rapid spread of information in today’s digital age, noting that it often leads to the uncontrolled dissemination of both accurate and misleading information.
Based on these grounds, the petitioner has asked the High Court to issue orders protecting his dignity, reputation, and privacy until the trial is concluded.
The petitioner is represented by a team of advocates, including Geo Paul, Prem Kammath, CR Pramod, Radhika Rajasekharan, S Ashok Kumar, Simi V, Jacob George Pallath, Naveen TU, and Anil K Vincent.
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