3 months ago
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In an unprecedented case, a justice of the Supreme Court of Sri Lanka, Justice A.H.M.D Nawaz, has moved the High Court of Karnataka seeking a absorption to Google India to region online links of aged alleged defamatory quality reports published successful 2015 and 2020 against him related to definite controversies by Sri Lankan newspapers, namely, Colombo Telegraph and Lankenews.
Justice Sachin Shankar Magadum of the High Court, earlier whom Justice Nawaz’s petition came up for proceeding connected Thursday , ordered the contented of announcement to the Ministry of Electronics and Information Technology and Google portion adjourning further proceeding till March 16.
‘Notice done email’
Meanwhile, the High Court asked the advocator for Justice Nawaz to service announcement to Sri Lankan newspapers done emails.
Though the petition was filed successful the High Court’s registry mode backmost successful January 2025, it was posted for proceeding connected Thursday.
It was pointed retired successful the petition that helium was the President of the Court of Appeals of Sri Lanka erstwhile these alleged defamatory quality reports were published, and subsequently, the cases related to alleged controversies involving him were quashed by the Supreme Court of Sri Lanka. Following the quashing of the cases, helium was elected arsenic a justice of the Supreme Court of Sri Lanka, wherever helium continues to service adjacent today, it has been stated successful the petition.
Stating that contempt the quashing of the case, the aged defamatory quality reports referring to him are inactive disposable for the nationalist beyond the shores of Sri Lanka done Google links, the petition points out. Since Justice Nawaz is simply a visiting subordinate astatine respective esteemed colleges wrong SAARC nations, the continued beingness of these quality reports successful the nationalist domain tarnishes not lone his nonrecreational vocation but besides inflicts irreparable harm upon his estimation successful the world and ineligible communities, arsenic contended successful the petition.
Why Karnataka HC
It has been pointed retired successful the petition that arsenic a justice of the Supreme Court of Sri Lanka, Justice Nawaz is ethically prohibited from filling suit to code these defamatory articles successful Sri Lanka arsenic it would struggle with the well-established ineligible rule that ‘one cannot beryllium a justice successful their ain cause.’
“India possesses a judiciary of unparalleled spot and integrity, 1 that upholds the regularisation of instrumentality with unwavering commitment. In this regard, the petitioner has invoked its jurisdiction and filed the contiguous case, assured successful the judicial process that safeguards justness for all, irrespective of nationality,” it has been stated successful the petition, portion adding that the Google India office being situated successful Bengaluru was the crushed for him to take the Karnataka High Court.
Justice Nawaz besides relied connected the judgement of the High Court of Delhi connected ‘right to beryllium forgotten’ successful the net property for removing outdated contents affecting close to privateness of individuals from online.
