IN THE COURT OF THE HON’BLE MOOT

(SUPREME) COURT OF INDICA.

WPA No. 432/2024

BETWEEN:
Ms. PRIYA MEHRA

…APPELLANT

AND

GOVERNMENT OF INDICA
…RESPONDENT

MEMORANDUM FOR
APPELLANT

FILED ON: 02nd APRIL 2024

FILED BY: COUNSEL FOR
APPELLANT

NAME: N N V SATISH
ROLL NO.:1732-21-831-211
 TABLE OF CONTENTS

SL. PAGE
CONTENTS
NO NO

I INDEX OF AUTHORITIES 3

1. LAW AND ENACTMENTS 3

2. TABLE OF CASE LAWS 3

3. BIBLIOGRAPHY 3

4. ONLINE RESOURCES 3

5. MISCELLANEOUS

I. LIST OF ABBREVIATIONS 3

II STATEMENT OF JURISDICTION 4

III FACTS OF THE CASE 4-5

IV ISSUES INVOLVED 5

V SUMMARY OF ARGUMENTS 5-6

VI ARGUMENTS ADVANCED 6–8

VII PRAYER 8

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 INDEX OF AUTHORITIES
[1] LAW AND ENACTMENTS

1 CONSTITUTION OF INDICA

2 RIGHT TO INFORMATION ACT, 2005

[2] TABLE OF CASE LAWS

1 K.S. Puttaswamy vs. Union of Indian [(2017) 10 SCC 1]

2 Zulfiqar Ahman Khan v. Quintillion Businessman Media Pvt. Ltd &Ors.[2019 (175)
DRJ 600]
3 Sri Vasunathan vs. the Registrar General, [WP No. 62038 of 2016]
4 Jorawar Singh Mundy vs Union of India.
5 R. Rajagopal v. State of Tamil Nadu, [1995 AIR 264]

[3] BIBLIOGRAPHY

1
2

[4] ONLINE SOURCES

1 www.indiankanoon.org
2 www.casemine.com

[5] MISCELLENOUS
LIST OF ABBREVIATIONS

S.No. ABBREVIATIONS EXPANSION

1 & And

2 SC Supreme Court

3 SCC Supreme Court Cases

4 No Number

5 Hon’ble Honourable

6 Anr Another

7 SCR Supreme Court Reports

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 STATEMENT OF JURISDICTION

The Counsel for the Appellant hereby submits a memorandum before THE
HON’BLE MOOT (SUPREME) COURT in its working Appellant jurisdiction under,
ARTICLE 132 and 134A OF THE CONSTITUTION OF INDICA.
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain
cases.—
(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order
of a High Court in the territory of India, whether in a civil, criminal or other proceeding,
3[if the High Court certifies under article 134A] that the case involves a substantial
question of law as to the interpretation of this Constitution.
(3) Whre such a certificate is given,5*** any party in the case may appeal to the
Supreme Court on the ground that any such question as aforesaid has been wrongly
decided 5***.
Explanation.—For the purposes of this article, the expression “final order” includes
an order deciding an issue which, if decided in favour of the appellant, would be sufficient
for the final disposal of the case.
134A. Certificate for appeal to the Supreme Court.—Every High Court, passing or
making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132
or clause (1) of article 133, or clause (1) of article 134,—
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party aggrieved,
immediately after the passing or making of such judgment, decree, final order or sentence,
determine, as soon as may be after such passing or making, the question whether a
certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133
or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect
of that case.

FACTS OF THE CASE

Counsel for the Appellant humbly submits that:
1. Ms. Priya Mehra, a resident of New Gully, Indica, was involved in a minor legal
dispute related to a contractual matter five years ago.
2. The dispute was resolved amicably out of court, and there were no legal implications
or consequences for Ms. Mehra.
3. Despite the resolution of the matter, a local news outlet published an article detailing
the incident, including Ms. Mehra's name and personal details.

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4. The article continues to surface prominently in search engine results whenever Ms.
Mehra's name is entered, potentially harming her personal and professional
reputation.
5. Ms. Mehra, a teacher at a local school, has experienced instances where concerned
parents have questioned her suitability as an educator after coming across the article
online.
6. Ms. Mehra filed a writ petition before the High Court seeking an injunction to have
the article removed from search engine results, invoking the "right to be forgotten"
under Indican law.
7. The High Court ruled against Ms. Mehra, stating that the right to be forgotten does
not extend to cases where the information is factually accurate and of public interest.
ISSUES INVOLVED
1. Does the right to privacy under Article 21 of the Indican Constitution encompass the
right to be forgotten, particularly concerning online data dissemination?
2. What constitutional parameters should guide the determination of whether information
qualifies for the right to be forgotten, especially when considering the nuances of
privacy rights in the digital realm?
3. To what extent does the right to be forgotten implicate constitutional principles of
freedom of expression and access to information, necessitating a delicate balance
between individual privacy rights and public interest?

SUMMARY OF ARGUMENTS
1. Does the right to privacy under Article 21 of the Indican Constitution encompass
the right to be forgotten, particularly concerning online data dissemination?
In response to this issue, the counsel for the appellant humbly submits before
the Hon’ble Moot (Supreme) Court that YES, the right to privacy under Article 21 of
the Indican Constitution encompasses the right to be forgotten, particularly concerning
online data dissemination. Hence, the right to be forgotten shall be considered as a part
of the Right to privacy.
2. What constitutional parameters should guide the determination of whether
information qualifies for the right to be forgotten, especially when considering
the nuances of privacy rights in the digital realm?
In response to this issue, the counsel for the appellant humbly submits before
the Hon’ble Moot (Supreme) Court that, article 21 of the Constitution of Indica guides
the determination of any information based on many criteria and also differs from case

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 to case, whether that information qualifies for the right to be forgotten or not,
especially when it is involving the nuances of privacy rights in the digital realm.
3. To what extent does the right to be forgotten implicate constitutional principles of
freedom of expression and access to information, necessitating a delicate balance
between individual privacy rights and public interest?
In response to this issue, the counsel for the Appellant humbly urges before the
Hon’ble Moot (Supreme) Court that, the right to be forgotten shall implicate
constitutional principles of freedom of expression and access to information to such
extent, where the right to privacy is being violated by this actions arouses from it and
there shall be a delicate balance between individual privacy rights and public interest.
ARGUMENTS ADVANCED
1. Does the right to privacy under Article 21 of the Indican Constitution
encompass the right to be forgotten, particularly concerning online data
dissemination?
Right to Privacy and Right to Be Forgotten: The right to privacy is a fundamental
aspect of personal liberty under Article 21 of the Indican Constitution. The right to
be forgotten is intrinsic to the protection of privacy in the digital realm and must be
recognized as such.
 Precedent Case Laws:
I) K.S. Puttaswamy vs. Union of Indian [(2017) 10 SCC 1]
In this landmark judgment, recognized that the right to privacy as a
fundamental right covered under Article 21 of the Indian Constitution but it didn’t
talk about the right to be forgotten. It stated that “the right of an individual to exercise
control over his personal data and to be able to control his/her own life would
encompass his right to control his/her own life and his/ her existence on the internet.”
The literal interpretation of this stance implicates that the right to control personal
data also means the right to control the sharing of personal information of the online
platform and also erasing and ceasing the sharing of such information.
II) Zulfiqar Ahman Khan v. Quintillion Businessman Media Pvt. Ltd &Ors.
[2019 (175) DRJ 600]
In this Judgment, it was observed that Right to privacy includes ‘Right to be
forgotten’ and the ‘Right to be left alone’ and ordered the removal of certain posts on
The Quint related to the allegations of sexual harassment against the plaintiff until the
case is finally disposed of. The Court recognized the Right to be forgotten as one of
the core right under the Right to privacy.

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 In this regard, the counsel prays the Hon’ble Supreme Court to set aside the
impugned judgment of the High Court and protect the fundamental rights of Ms. Priya
Mehra.
2. What constitutional parameters should guide the determination of whether
information qualifies for the right to be forgotten, especially when considering
the nuances of privacy rights in the digital realm?
Constitutional Parameters: The determination of whether information qualifies for
the right to be forgotten must consider various factors, including relevance, accuracy,
and impact on the individual's privacy and reputation. The outdated and
inconsequential nature of the information concerning Ms. Mehra warrants its removal
from search engine results.
 Precedent Case Laws:
I) Karnataka High Court in Sri Vasunathan vs. the Registrar General, [WP No.
62038 of 2016]
In this case, where a father (petitioner) filed a writ petition asking for directions for
removal of her daughter’s name from an order passed by this court as it has negative
consequences on his daughter’s repute and relationship with her husband. These orders
are easily available on online platforms and just by typing her daughter’s name, the
order reflects in the search results. The court observed that “This would be in line with
the trend in western countries of the ‘right to be forgotten’ in sensitive cases involving
woman in general and highly sensitive cases involving rape or affecting the modesty
and reputation of that person concerned”. It held in favor of the petitioner and directed
its registry to make sure that the name of the petitioner’s daughter doesn’t appear in the
order anywhere wherever such order is available on the internet platforms.
II) Jorawar Singh Mundy vs Union of India.
In this case, A writ petition was filed under Article 226 of the Indian Constitution
before the Hon’ble High Court of Delhi asking for direction to be issued to the
Respondents to take down the reported judgment by the Delhi High Court in (Custom
v. Jorawar Singh Mundy Crl. A. No. 14/2013). from their platforms as a right to
privacy which is enshrined under Article 21 of the Indian Constitution.
The Hon’ble High Court of Delhi decided in the favour of the petitioner and
held that as the social and professional life of the petitioner is hampered and his
reputation is getting affected despite the fact that he was acquitted of all the criminal
charges, he is entitled to relief and directed the Respondents Google and Google LLC
to block the access to the judgment using their search engine.
In this regard, the counsel prays the Hon’ble Supreme Court to set aside the
impugned judgment of the High Court and protect the fundamental rights of Ms. Priya

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 Mehra.
3. To what extent does the right to be forgotten implicate constitutional principles of
freedom of expression and access to information, necessitating a delicate balance
between individual. Privacy rights and public interest?
Balancing Privacy Rights and Freedom of Expression: While freedom of
expression and access to information are crucial, they must be balanced against the
right to privacy. The continued circulation of the article serves no legitimate public
interest and only results to harm Ms. Mehra's reputation and livelihood.
 Precedent Case Laws:
I) R. Rajagopal v. State of Tamil Nadu, [1995 AIR 264]
In this case, The Hon’ble Supreme Court observed that the right to privacy implies the
right to be left alone. Every individual has a right to protect his privacy and has a
choice not to share his personal information regarding everything and anything. It is
always important to strike a balance between the right to privacy and freedom of
expression.
In this regard, the counsel prays the Hon’ble Supreme Court to set aside the
impugned judgment of the High Court and protect the fundamental rights of Ms. Priya
Mehra.

PRAYER

In the light of the facts stated, issues raised, arguments advanced and authorities
cited, the counsel for the Appellant humbly prays and implores before this Hon’ble
Moot (SUPREME) court to kindly adjudge and declare to
Overrule and reverse the impugned judgment of the trial court and protect
the fundamental right of Appellant
and pass any order as the court may deem fit and for this act of kindness, the
Appellant is duty bound forever shall pray.

(COUNSEL FOR APPELLANT)

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