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
Kerala teacher sentenced to life imprisonment in POCSO case

Kannur, Nov 15: In the case involving the sexual assault of a Class 4 girl at Palathayi in Kerala’s Kannur, former Bharatiya Janata Party (BJP) leader and teacher K. Padmarajan, on Saturday, has been sentenced to life imprisonment along with fines.
He has also been awarded 40 years of imprisonment under POCSO charges.
The sentence was delivered by the Thalassery Fast-Track POCSO Court.
The court had found Padmarajan guilty on Friday.
The offences proved against him carry punishments ranging from a maximum of 20 years to life imprisonment.
The case had triggered political controversy because the investigation team was changed five times and the interim charge sheet did not include POCSO sections.
Charges against the accused included Section 376AB (rape), and offences under the POCSO Act.
Padmarajan was found guilty of sexually assaulting a 10-year-old girl inside and outside her school at Palathayi in Kannur, on three occasions between January and February 2020.
The complaint against the teacher was handed over to the Thalassery Deputy Superintendent of Police by the Panoor Police.
The initial police investigation had concluded that the complaint was false.
However, there was strong public protest over the failure to act against the accused.
On April 15, 2020, Padmarajan was arrested from a relative’s house where he had been hiding.
The investigation was later transferred to the Crime Branch.
Without including POCSO charges, the Crime Branch filed a charge sheet just hours before the 90-day deadline expired.
After five different investigation teams handled the case, the final charge sheet was submitted in May 2021.
In February 2024, the trial began, and the Thalassery POCSO Court ultimately found the accused guilty.
The prosecution had said on Friday that the survivor received justice on Children’s Day (November 14) and that the accused deserved the maximum punishment.
Before sentencing, the prosecution again urged the court on Saturday to impose the harshest possible penalty.
The defence said that the case was politically motivated.
Padmarajan pleaded for leniency, saying he had a family consisting of his wife, children and mother.
The court responded that it had examined only the merits of the case.
Meanwhile, senior CPI-M leader and former legislator M.V. Jayarajan hailed the court judgment and said there was nothing political in the order.
Business
ED arrests real estate firm MD in PMLA case, accused sent to 14-day custody

New Delhi, Nov 15: The Enforcement Directorate (ED) has arrested Ocean Seven Buildtech Pvt. Ltd. (OSBPL) Managing Director Swaraj Singh Yadav after conducting searches at nine locations across Delhi-NCR and other regions in a money-laundering probe under the Prevention of Money Laundering Act (PMLA), 2002, an agency statement said on Saturday.
The action stems from allegations that Yadav diverted and laundered funds collected from homebuyers across multiple projects, including those under the Pradhan Mantri Awas Yojana (PMAY).
The searches on Thursday led to the recovery of Rs 86 lakh in cash, suspected to be proceeds of crime, along with incriminating documents and digital evidence.
According to the ED, Yadav orchestrated a large-scale diversion of homebuyer funds through fraudulent cancellation and resale of units at inflated prices, cash-based premiums collected outside banking channels, and misuse of escrow accounts.
He allegedly routed substantial sums into shell entities and concealed cash proceeds with relatives, the ED statement said.
Investigators also found a pattern of rapid liquidation of assets held personally and through company entities in Gurugram, Maharashtra, and Rajasthan, which the agency believes was intended to secure illicit gains and evade legal scrutiny.
His wife and children have already relocated to the United States, the probe revealed.
The agency said Yadav operated a dual-payment mechanism in the resale of PMAY flats and even in the sale of parking spaces — routing only nominal amounts through banks while collecting the bulk in cash. These activities form part of a wider probe linked to multiple FIRs alleging cheating, forgery, and other predicate offences.
Following his arrest, Yadav was produced before the Court of ASJ-06 at Patiala House Courts on Friday, in compliance with Supreme Court directions.
After detailed submissions from both sides and a pass-over granted to allow him legal assistance, the court sent him to ED custody for 14 days, until November 28.
The agency has been directed to produce him before the court at 2 p.m. on the date of expiry of remand.
The ED said it is pursuing further investigation to trace, freeze, and attach assets acquired from the laundered funds, to ensure recovery and restitution to affected homebuyers.
Crime
NMC cancels registrations of doctors accused in Delhi blast

New Delhi, Nov 15: The National Medical Council (NMC) has cancelled the registrations of three doctors linked to the car blast attack near Delhi’s Red Fort Metro Station, barring them from practising until further orders.
The Delhi blast, which occurred on November 10, killed 12 and injured several others, sending shockwaves across the nation.
The council released the directive in light of the FIR filed under UAPA Sections against Dr Muzaffar Ahmad, Dr Adeel Ahmad Rather, and Dr Muzamil Shakeel, effective immediately.
While Muzamil, Adeel, and another suspect, Dr Shaheen, are currently in the custody of the J&K Police, Muzaffar is thought to have escaped India around August this year.
They are believed to have connections to the Faridabad terror module.
An order from Rajiv Sharma, the NMC Secretary (incharge), mentioned an FIR filed against Ahmad, Rather, and Shakeel in Srinagar on October 19.
It stated that evidence gathered by investigating agencies indicated their involvement in the Red Fort terror blast case.
“Such association or conduct is prima facie inconsistent with the standards of ethical propriety, integrity and public trust expected of members of the medical profession and attracts the provisions of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002,” the order read.
The Jammu & Kashmir Medical Council has exercised its authority to cancel the registrations of the three doctors mentioned above, instructing that their names be promptly removed from the Register of Medical Practitioners that is maintained by the council.
“Consequent upon such removal, the said practitioners shall cease to be entitled to practise medicine or to hold any appointment as medical practitioners till further orders,” the order added.
It also mentioned that in view of the notifications dated November 13, 2025 regarding “cancellation of registration of the above-mentioned doctors issued by the Jammu & Kashmir Medical Council, their names be removed from the Indian Medical Register (IMR) / National Medical Register (NMR) with immediate effect.”
It has been reported, though not yet confirmed, that a similar directive has been issued concerning Dr Shaheen Saeed, who was listed with the Uttar Pradesh Medical Council, and she has also been promptly removed from the IMR/NMR.
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