According to a report by The Indian Express, Google has told the Karnataka High Court that a petition filed by Sri Lankan Supreme Court judge Justice A.H.M.D. Nawaz seeking removal of allegedly defamatory news articles is not maintainable.
The report said Justice Nawaz had filed a petition requesting the court to direct Google India to remove links to alleged defamatory news articles published in 2015 and 2020 by Sri Lankan news websites Colombo Telegraph and LankaNews.
Appearing for Google, advocate Manu P. Kulkarni argued that the petition lacked jurisdiction as the petitioner is a judge of the Supreme Court of Sri Lanka and the material in question relates to content published in Sri Lanka.
Kulkarni described the petition as an “adventurous petition” and asked the court to dismiss it. He also said Google India cannot be made a party to the case and that Google LLC, the U.S.-based company that operates the search engine, should instead be named as the respondent.
Google further argued that if such petitions are entertained, it could potentially open the floodgates for litigants from across the world to approach courts in India seeking similar relief, placing an unnecessary burden on the judicial system.
Counsel for Justice Nawaz, advocate Prabhakaran Ramachandran, urged the court to take a firm stand, arguing that judges worldwide should not be intimidated through malicious articles.
During the hearing, the petitioner’s counsel also attempted to draw the court’s attention to certain social media posts allegedly made by the journalist who authored the disputed articles, arguing that publishing such remarks while the matter is pending before court may amount to contempt of court.
Responding to objections raised by Google, Ramachandran argued that Article 14 of the Constitution of India, which guarantees equality before the law, applies not only to citizens but also to non-citizens.
He said that if defamatory material affecting an individual’s reputation is accessible in India through online platforms, the affected person should have the right to seek appropriate legal remedies.
Justice Nawaz has claimed that the articles caused serious damage to his reputation, describing them in the petition as “no less than a murder of reputation.”
He approached the Karnataka High Court stating that as a sitting Supreme Court judge in Sri Lanka he could not file a lawsuit in Sri Lanka due to the legal principle that one cannot be a judge in one’s own cause.
Justice Sachin Shankar Magadum directed the petitioner to amend the petition and asked the Centre and Google to file replies. The matter was posted for further hearing on March 26. (Newswire)