Delhi High Court Questions Search Curbs on Indian Kanoon

The Delhi High Court on Wednesday questioned whether restricting name-based searches on Indian Kanoon, a legal database, could impede lawyers' access to court judgments and impact their ability to practice. The bench suggested such curbs could block a lawyer's right to livelihood.

A division bench, hearing appeals filed by Indian Kanoon, considered a prior judgment that recognized a 'right to be forgotten' and ordered de-indexing from search engines and name-based searches on the platform. Indian Kanoon is challenging these directions.

Justice C Hari Shankar highlighted that the restrictions would disproportionately affect lawyers in smaller towns who cannot afford expensive legal databases. He stated that free platforms like Indian Kanoon are crucial for their daily research. "Indian Kanoon is their be-all and end-all because it is available free," Justice Shankar said, linking access to the ability to practice law.

The court also scrutinized arguments that judgments would remain accessible through other search methods, such as case numbers or legal propositions. Justice Shankar noted that even judges sometimes forget case numbers and that blocking name-based searches practically obstructs access, citing the well-known Kesavananda Bharati case as an example where the name, not the number, is commonly recalled.

Arguing for the respondent, Senior Advocate Akhil Sibal contended that restricting name searches does not erase the underlying judgment but only limits its immediate discoverability. He emphasized the internet's permanence as a concern for reputation and argued that courts can limit searchability without removing the judicial record itself. The case is scheduled for further hearing on September 21.