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Bengaluru: The Karnataka High Court has issued notice to Google in connection with a petition filed by Sri Lankan Supreme Court judge A.H.M. Dilip Nawaz, seeking the removal of alleged defamatory news articles and related URLs from online platforms.

The petition was heard by a single-judge bench of Justice Sachin Shankar Magadum. After hearing initial arguments, the court issued notices to Google India and Google Inc..

The High Court also directed the petitioner’s counsel to send notices by email to the news websites Colombo Telegraph and Lanka E News. The matter has been posted for further hearing on March 16.

In the petition, Justice Nawaz stated that the websites Colombo Telegraph and Lanka E News had published defamatory articles about him in 2015 and 2020. He requested the court to direct the removal of a total of four online reports and block the related URLs.

According to the petition, the articles were published when Nawaz was serving as the President of the Sri Lankan Court of Appeal. He alleged that the reports were published with malicious intent and were aimed at damaging his reputation and dignity.

Justice Nawaz also stated that he was not involved in any wrongdoing and requested the court to protect his “right to be forgotten” by removing the content from online platforms.

The petition named several respondents, including the Ministry of Electronics and Information Technology, Government of India, Google India, Google Inc., Colombo Telegraph, and Lanka E News.

The judge further said that a politically motivated case based on these allegations had already been dismissed. He also mentioned that he was later promoted to the Sri Lankan Supreme Court.

Despite this, the articles continue to be shared online, which he said has affected not only his personal reputation but also the dignity of the judiciary.

Justice Nawaz said he had sent a legal notice to Google in 2023, but did not receive any response. Since Google’s India headquarters is located in Bengaluru, he approached the Karnataka High Court.

Advocate R. Prabhakaran is representing the petitioner.

Why the case was filed in India

In the petition, Justice Nawaz explained that filing a case in Sri Lankan courts could lead to a conflict of interest because he currently serves as a judge of the Sri Lankan Supreme Court.

He stated that pursuing a defamation case in Sri Lanka could raise ethical concerns, as it might appear that he is involved in a matter that could eventually come before the judiciary where he serves.

To avoid such a situation and to follow established legal principles, he decided to approach the Indian judiciary. The petition also stated that Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, extends protection not only to Indian citizens but also to foreigners.