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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

Mumbai: 11 Months On, No Action Against Cops Who Planted Drugs On Innocent Man In Kalina

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Mumbai: There has been no significant progress in the drug planting incident in Kalina involving four police personnel, even after almost 11 months.

The Vakola police have neither taken any action against the four accused police personnel, nor have they filed the chargesheet or properly recorded eyewitness statements. They have also not added additional NDPS (Narcotic Drugs and Psychotropic Substances) sections to the case, applying only bailable sections instead. As a result, the accused were granted anticipatory bail.

About The Case

On August 30, 2024, four policemen allegedly planted drugs in the pocket of 31-year-old Dylan Estbeiro, an innocent man working at a livestock farm in Kalina, Santacruz East. The entire incident was captured on CCTV, exposing the four police personnel.

The incident dates back to August 30, 2024, when PSI Vishwanath Omble and three constables – Imran Shaikh, Sagar Kamble, and Yogendra Shinde (also known as Dabang Shinde) – in plain clothes from the Khar police station visited Shahbaz Khan’s livestock farm in Kalina, Santacruz East, where Dylan Estbeiro was working. They allegedly frisked Dylan and planted 20 grams of mephedrone in his pocket during a staged search, later accusing him of drug possession.

The entire incident was captured on CCTV, which was later reviewed and shared publicly by Shahbaz Khan. Following the release of the footage, Dylan was released by the Khar police. The video sparked public outrage, prompting then-Deputy Commissioner Raj Tilak Roushan to suspend all four officers on August 31. Nearly three and a half months after the incident, the case was filed under multiple sections of the Bharatiya Nyaya Sanhita.

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Crime

Mumbai Crime News: Father, Brother-in-Law Booked Under POCSO For Sexually Assaulting Minor Girl; One Arrested

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The Sewree Police have registered a case against the victim’s father and brother-in-law under the Protection of Children from Sexual Offences Act (POCSO) and rape charges for sexually abusing a minor girl. While the police have arrested the brother-in-law, the father remains absconding after the case was filed. Authorities are conducting a search for the accused.

The victim, a 16-year-old girl, alleged in her complaint that in April 2024, her father covered her face with a cloth while she was sleeping at home and sexually assaulted her. He also threatened to kill her mother if she disclosed the incident, leaving the victim too terrified to speak out. Later, in March (year unclear—needs verification), when the girl was alone at home, the accused allegedly molested her again.

After the victim recently approached the police, a case was filed under relevant sections of the Indian Penal Code (IPC) for rape and the POCSO Act. The brother-in-law has been arrested, while the father is still at large.

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Crime

Navi Mumbai Crime Branch Busts Auto-Rickshaw Theft Racket; 12 Stolen Vehicles Worth ₹24 Lakh Recovered

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An intensive investigation involving scrutiny of over 60 CCTV cameras and technical surveillance led the Crime Detection Team of CBD Police Station to bust a widespread auto-rickshaw theft racket in Navi Mumbai. Two habitual offenders were arrested, and 12 stolen Bajaj auto-rickshaws valued at approximately Rs 24 lakh were recovered from various districts across Maharashtra.

The case began after a complaint was filed at CBD Police Station on May 28 regarding the theft of an auto-rickshaw bearing registration number MH-46-BD-9956 from Sector 11, CBD Belapur. Following the complaint, the police team launched an exhaustive technical investigation, combing through more than 60 CCTV camera footages and other forensic leads, which eventually pointed to two suspects.

The arrested individuals have been identified as Nazimoddin Azimoddin Qazi (43), a resident of Partur in Jalna, and Sakib Shamsu Shaikh (24), originally from Jalna but currently living in Taloja Phase-2, Panvel. Qazi was tracked to his hometown in Jalna and arrested on July 12.

During interrogation, the accused confessed to stealing 12 auto-rickshaws from various parts of Navi Mumbai, including CBD, Kharghar, Kalamboli, and Panvel. They revealed that the stolen vehicles were transported and concealed in locations such as Jalna, Hingoli, Parbhani, and Chhatrapati Sambhajinagar districts. In an attempt to evade identification, the accused had tampered with engine and chassis numbers, but police investigators were able to recover and identify all 12 vehicles using advanced forensic and technical methods.

The stolen vehicles, all Bajaj auto-rickshaws were seized from multiple locations. Each vehicle is estimated to be worth Rs 2 lakh, taking the total recovery to approximately Rs 24 lakh.

The thefts have been linked to multiple police stations across Navi Mumbai. “Three cases were registered at CBD Police Station, four at Kharghar Police Station, four at Kalamboli Police Station, and one at Panvel City Police Station. The accused had started stealing the vehicles around a year back. The first theft was reported in June last year. Before that they worked as drivers,” Assistant commissioner of police (Turbhe division) Mayur Bhujbal said.

This successful operation was carried out under the guidance of Navi Mumbai Police Commissioner Milind Bharambe, Joint Commissioner Sanjay Yenpure, DCP (Zone I) Pankaj Dahane, and ACP Mayur Bhujbal. The investigation was led by Senior PI Sandesh Revale and Crime PI Arun Pawar, with support from API Suresh Dambre, PSI Vishnu Wagh, and a committed team of police constables who played a key role in cracking the case.

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