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Gag on POSH cases: After 6 months, Bombay HC says it’s ‘case specific’

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Nearly six months after a complete ‘gag’ order to media reporting and uploading of judgements on cases pertaining to the Prevention of Sexual Harassment of Women at the Workplace (POSH) Act, 2013, the Bombay High Court has clarified that it was ‘case specific’ and not applicable to all matters under the (POSH) act.

Justice G.S. Patel, who had passed the earlier order of September 24, 2021, acknowledged that “it remained to be specifically noted in that order that “the directions had to be confined” to that particular case and could not have any wider or larger applicability.

Justice Patil further noted that any such rules of general applicability would have to be approved by the full court, and a single judge hearing a particular matter within his rostered assignment has “no authority or jurisdiction to issue any rules binding the entire court”.

“It is only the full court or the Chief Justice which or who can do that. Very possibly, such rules might even have been required to be notified in the official gazette. None of this was in contemplation at any time on September 24, 2021,” Justice Patil added.

The clarifications came on Thursday while disposing an intervention application filed by the Forum Against Oppression of Women under the impressions that the guidelines were general in nature.

FAOW senior advocate Indira Jaisingh contended that these guidelines were not only against the letter and spirit of the POSH Act, but also contrary to the very concept of open courts, which are an essential aspect of judicial determinations globally, and now it was being cited by men in other cases.

In the previous order (IANS – Sept 27, 2021), Justice Patel had said all such matters shall be heard either “in camera” or in the judge’s chambers, orders cannot be passed in open court, or uploaded on the high court’s official website, and the media has been prohibited from reporting the proceedings or the verdicts without the court’s permission.

Virtually making POSH cases at par with the existing guidelines in rape cases, the order warned that violation of the same or publishing the concerned party’s names or other details, even if in the public domain, would be treated as contempt of court.

He observed that since there are no set guidelines for such matters, his initial order would set a working protocol for the future orders, hearings, case file management, and would be revised or modified, as needed.

The ‘minimum guidelines’ issued dealt with the format of filing orders in POSH cases, the filing protocols, grant of access by the registry, hearings, directions to the certified copy department, public access, breach, etc.

“Both sides and all parties and advocates, as also witnesses, are forbidden from disclosing the contents of any order, judgment, or filing to the media or publishing any such material in any mode or fashion by any means, including social media, without specific leave of the court,” the court said on the media disclosure part.

Justice Patel added that it was imperative to protect the identities of the parties from disclosure, even accidental disclosure in such proceedings, in the interests of both sides, and the endeavour would be to “anonymise the identities of the parties”.

The orders came in a hearing of a POSH case involving a major blue-chip company and its woman staffer — who was represented by advocate Abha Singh.

The other highlights were: Parties’ names shall be replaced with “A v B”, etc., the order will mention them as only ‘Plaintiff, Defendant No. 1, etc.’, no reference to any ‘personally identifiable information (PII) like email, mobile or phone numbers, addresses, etc,’ and ‘no witness names and addresses’ shall be mentioned.

All orders/judgements would be delivered in private, not in open court but only in the judge’s chambers or in camera, with online or hybrid facility not allowed, in the presence of the litigants and lawyers and others including most of the court staff to leave the court.

“Orders can’t be published without court’s direction, and if any order is to be released into public domain, it will require a specific order of the court. This will be on the condition that only the fully anonymised version of the order of judgement is let into the public domain for publication,” said Justice Patel in the earlier order.

It forbade both sides, all parties and advocates and witnesses from disclosing the contents of any order, judgment, or filing to the media or publishing any such material in any mode or fashion by any means, including social media, without specific leave of the court, as per the guidelines.

There are strict restrictions barring anyone other than the Advocate-on-Record to inspect or copy any filings/orders, the entire record will be kept sealed and not handed over to anybody without the court’s order, witness depositions would be strictly not uploaded under any circumstances, and so on.

Crime

NIA nabs 2 human traffickers from Delhi, HP for role in sending over 100 youths to US via ‘donkey route’

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New Delhi, July 5: The National Investigation Agency (NIA) on Friday arrested two human traffickers from different locations in Himachal Pradesh and Delhi. The duo, accused of sending more than 100 youths to the United States using the notorious ‘donkey route’ were nabbed after extensive searches.

The accused were identified as Sunny Donker, a resident of Kangra (Himachal Pradesh) and Shubham Sandhal, a resident of Punjab who was currently residing in the national Capital.

Both are said to be associates of Gagandeep Singh alias Goldy, arrested earlier in March.

Gagandeep was arrested over a victim’s complaint who was illegally trafficked to the US using the infamous ‘donkey route’ and was deported back to India in February, this year.

Goldy, a resident of Tilak Nagar in Delhi, was subsequently chargesheeted by the NIA.

As per the findings of the law enforcement agency, Gagandeep Singh used to take around Rs 45 lakh from each victim on the pretext of sending them to US on a valid visa.

He would then illegally send them on an arduous journey via multiple countries, including Spain, El-Salvador, Guatemala and Mexico.

He had sent more than 100 victims illegally to the US, in this manner before being arrested.

Sunny was the main associate of Gagandeep Singh and played a key role in facilitating the journey of the victims on the ‘donkey route’.

Also, the victims were physically and mentally harassed on the way by agents to extract more money.

Shubham Sandhal operated as key hawala conduit, who transferred funds to agents in Latin America. Gagandeep used him to transfer part of the money taken from the victims to the agents based in Latin America.

The NIA, took over the case from Punjab Police in March this year. As the investigation proceeds, it continues to unravel dark secrets of the human trafficking racket.

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Crime

Kolkata law college rape: Monojit Mishra made 16 calls in 3 hours, police probe details

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Kolkata, July 4: Monojit Mishra, one of the three accused and reportedly the main architect in the law college student gang-rape case, made as many as 16 calls in three hours after the crime incident took place on the evening of June 25.

Those call details are currently being examined by the investigating sleuths, and at the same time, the process of interrogation of those with whom Mishra conversed during that period has started.

The tower locations of the mobile phones of the three accused, namely Mishra, Jaib Ahmed and Pramit Mukhopadhyay, during that period are being tracked by the investigating officials to have an idea of the places they went to immediately after the crime.

Sources said that one of the calls that Mishra made from his mobile phone during that period was to a member of the governing body of the same college. Although the governing body member concerned has already been questioned by the investigating officials, the latter are not willing to disclose anything on the interrogation findings for the sake of the investigation.

This week, the investigation into the case was handed over to the Detective Department of the city police, which has started the probe process by adding new sections against the three prime accused persons.

Before Detective Department took over the charge of the investigation, the three accused persons were charged under sections on rape. However, with the Detective Department taking over the investigation sections relating to abduction and causing injuries with weapons were also slapped on the three.

On Friday morning, around 3 a.m., the sleuths of the detective department reached the campus of the law college in Kolkata along with the three accused for reenactment of the incident.

Sources said that the findings of the reenactment process will be cross-checked with the statement given by the victim soon after the event of sexual harassment took place last week. Earlier, a member of the special investigation team, which was initially investigating the matter, had gone to the college campus with the victim for reenactment purposes.

The woman, a student of the South Calcutta Law College, was allegedly raped by two senior students and an alumnus of the institute in the guard’s room on June 25. Apart from the three, the college guard has been arrested in the case so far.

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Crime

ED raids eight locations linked to ex-Cong MLA Amba Prasad in Jharkhand

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Ranchi, July 4: The Enforcement Directorate (ED) on Friday carried out raids at eight locations linked to close associates of former Congress MLA Amba Prasad from Jharkhand’s Barkagaon Assembly constituency.

The raids are part of an ongoing money laundering probe involving a prominent company engaged in coal transportation, infrastructure, and the power sector.

According to sources, simultaneous searches were conducted in Ranchi, Hazaribagh, and Barkagaon.

Among the locations searched are the residence of Amba Prasad’s aide Sanjeet in Kishoreganj (Ranchi) and the homes of her personal assistants — Sanjeev Sao, Manoj Dangi, and Pancham Kumar — in Barkagaon.

Security forces have been deployed in large numbers at all the premises where raids are being conducted.

This move comes months after the ED conducted a similar crackdown between March 12 and March 14 this year, targeting Amba Prasad, her father, and former Minister Yogendra Sao, brother Ankit Raj, and several other relatives and associates.

During those raids, the agency had seized Rs 35 lakh in cash, digital devices, fake stamps of banks and government offices, handwritten receipts, diaries, and other incriminating documents.

Officials believe that the current searches are based on evidence and leads gathered during the earlier raids. The ED is now closely examining documents related to financial transactions, land deals, and mining activities.

Ten companies reportedly registered in the names of Amba Prasad and her family members are under scrutiny.

Earlier, the ED had questioned Amba Prasad, her father Yogendra Sao, and her brother Ankit Raj at its zonal office in Ranchi in connection with the same case.

Amba Prasad was elected to the Jharkhand Assembly from Barkagaon in 2019 on a Congress ticket. Her parents — Yogendra Sao and Nirmala Devi — have also represented the same constituency in the past.

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