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

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
Blaze kills woman in Mumbai’s Lokhandwala; 10-day infant among 6 injured

Mumbai, April 26: A woman was killed and six people, including a 10-day-old infant, were injured in a fire in an high-rise building in Mumbai’s Lokhandwala in Andheri (West), early on Saturday, said the Mumbai Fire Brigade.
Abhina Kartik Sanjanvalia, 34, died on the way to Cooper Hospital. Her family member Kartik Sanjanvalia, 40, is undergoing treatment for smoke inhalation, said an official.
Five fire tenders fought the blaze, which started at around 2.40 am in Broke Land Building near Ashok Academy Lane, and restricted it to room number 104 on the first floor before extinguishing it at 5.30 a.m, said an official.
Brihanmumbai Municipal Corporation’s (BMC) Mumbai Fire Brigade suspect that the fire in the eight floor building was sparked by an electric short circuit. However, the exact cause of the blaze is yet to be confirmed.
The blaze burnt down furniture, mattresses, clothes, split and window air-conditioners and electrical installations in the flat on the first floor, said an official.
The other injured residents taken to Kokilaben Hospital were identified as 10-day-old baby boy Pradumna Gupta, Rihan, 3, Daya Gupta, 21, Aparna Gupta, 41 and Polam Gupta, 40.
The incident revived painful memories of another fire incident in a 15-storey building in Lokhandwala last October which claimed the lives of three people, including a visually impaired citizen.
Soon after the fire in Riya Palace building, a 37-year-old building at Cross Road Number 4 of Lokhandwala Complex in Andheri, there were demands for opening a fire station on a plot allotted for the purpose in the area three decades ago.
The October 2024 blaze that broke out on the 10th floor of the building started around 8 am and was doused around 9 p.m. The victims were identified as Kanta Soni, 74, Chandraprakash Soni, 74, and Pelubeta, 42.
In another fire incident on Saturday in Maharashtra, a plywood godown was gutted in Thane district. The fire started around 3.30 a.m, in a three-storey building in Rahnal village in Bhiwandi and four fire tenders continued to battle the flames for hours.
A firefighter of the Bhiwandi-Nizampur Municipal Corporation (BNMC) got a fracture in his leg during the operation to douse the blaze.
An official said due to a huge pile of plywood the blaze had posed a challenge to fire-fighters.
Crime
Tahawwur Rana denies role in Mumbai terror attack during interrogation (Ld)

Mumbai, April 26: Tahawwur Rana, the Pakistani-Canadian national accused of involvement in the 26/11 Mumbai terror attack, has denied any role in the conspiracy during his interrogation by the Mumbai Crime Branch.
According to senior officials, Rana, who is currently in the custody of the National Investigation Agency (NIA) in Delhi, was questioned for over eight hours by a team of Mumbai Police officers.
During the interrogation, Rana distanced himself from the attacks that claimed over 166 lives and injured hundreds on November 26, 2008.
Rana reportedly told investigators that he had “no connection whatsoever” with the planning or execution of the attack.
He also claimed that his childhood friend and co-accused, David Coleman Headley, was solely responsible for the reconnaissance and planning aspects.
Headley, who turned approver in the case, had earlier admitted to conducting recce missions across India, including in Mumbai, on behalf of Lashkar-e-Taiba (LeT).
During questioning, Rana said that apart from Mumbai and Delhi, he had also travelled to Kerala.
When asked about the purpose of his visit to Kerala, he claimed he had gone there to meet a known acquaintance and had provided the individual’s name and address to the agency.
Following this, sources said a team from the Mumbai Crime Branch may soon travel to Kerala to verify his claims and question the said person.
Officials revealed that Rana was largely uncooperative during the interrogation and frequently gave evasive answers.
He also cited memory lapses, stating that he was unable to recall specific details related to the attack that occurred over 17 years ago.
The interrogation is part of an ongoing probe by the NIA into the extensive three-year groundwork carried out by Lashkar-e-Taiba and Pakistan’s Inter-Services Intelligence (ISI) prior to the Mumbai terror attacks.
Rana is also being questioned about his alleged links to several individuals whose names surfaced in intercepted communications, including Abdur Rehman Hashim Syed, Sajid Majid, Ilyas Kashmiri, and Zaki-ur-Rehman Lakhvi — all of whom are believed to have played crucial roles in the 26/11 conspiracy.
Rana, a former officer of the Pakistan Army’s Medical Corps, was extradited to India from the United States recently to face justice in the Mumbai attack case.
Crime
‘Rise against your govt, army for encouraging terrorism,’ Sunni cleric’s appeal to Pakistanis

Lucknow, April 24: In a strong condemnation of the Pahalgam terror attack, senior Sunni cleric and Imam of Aishbagh Eidgah, Maulana Khalid Rashid Firangi Mahali, on Thursday called on the people of Pakistan to rise against their government and military for facilitating acts of terror on Indian soil.
The remarks come after 26 people, most of them tourists, were gunned down in a brutal targeted terror attack in Jammu and Kashmir’s Baisaran Valley near Pahalgam on Tuesday.
The Resistance Front, a Pakistan-based terror outfit and offshoot of the proscribed Lashkar-e-Taiba, is suspected to be behind the massacre.
Speaking to Media, Firangi Mahali said, “The people of Pakistan should understand that no one will support such activities. They should raise their voices against their own government and army, which are encouraging these acts of terrorism.”
The Cabinet Committee on Security (CCS), led by Prime Minister Narendra Modi, announced a series of stringent measures in response to the attack.
These include the suspension of the Indus Waters Treaty, closure of the Attari-Wagah border, cancellation of the SAARC Visa Exemption Scheme (SVES) for Pakistani nationals, expulsion of Pakistan’s military attaches from New Delhi and a reduction in diplomatic staff at both High Commissions.
Calling these actions “necessary and timely,” Firangi Mahali stated, “The horrific incident of terrorism in Pahalgam has been condemned in the harshest terms. This tragic event has shaken the entire country. The steps taken by the Government of India — whether on the water agreement, diplomatic expulsions, or visa cancellations — are absolutely appropriate.”
Appealing for national unity, he urged political parties to come together on a single platform in support of the government’s decisions.
“This is not the time for political division. All parties must stand united so that a positive image of national solidarity is conveyed internationally,” he said.
The cleric also warned against communalising the tragedy. “My appeal to fellow Indians is not to view this terror incident through a religious lens. No religion condones violence or terrorism,” he said.
“Some of the posts circulating on social media are sending out a very negative message. In this hour of crisis, every Indian — regardless of religion or political affiliation — must stand together,” he added.
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