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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: Man Arrested With ₹72,000 In High-Quality Fake Currency Near Dadar Station Ahead Of BMC Elections

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Mumbai: In a major action ahead of the BMC elections, Mumbai Police’s Shivaji Park Police arrested a man in possession of high-quality counterfeit currency notes from the vicinity of Dadar Railway Station.

Police recovered fake currency notes with a face value of ₹72,000 from the accused. All the seized notes were in the denomination of ₹500 and were found to be of high quality. The arrested accused has been identified as Amruddin Sheikh (61).

According to police officials, there is suspicion that the seized counterfeit notes may have been smuggled into India from Bangladesh. Further investigation in this regard is underway.

Police have also revealed that the accused had previously used counterfeit currency worth several thousand rupees. Investigators are now probing where and how these fake notes were circulated. Further investigation is in progress.

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Crime

‘Scam For Navi Mumbaikars’: Disappointed Netizens SLAM NMMC Over No New Year’s Eve Celebration At Head Office

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Netizens took to social media to express anger and disappointment after the Navi Mumbai Municipal Corporation (NMMC) headquarters witnessed no New Year’s Eve celebrations this year, breaking a long-standing annual tradition. The iconic NMMC HQ building is usually the attraction of the grand midnight festivities, featuring fireworks, decorative lighting, and large public gatherings to welcome the New Year.

Every year, thousands of residents flock to the headquarters building around midnight to witness the celebrations and ring in the New Year together. However, on the night of December 31, 2025, the venue remained dark and silent, leaving many visitors confused and disappointed.

Reportedly, the NMMC had officially cancelled the New Year’s Eve event due to the enforcement of the Model Code of Conduct ahead of the upcoming elections. Under these guidelines, government bodies are restricted from organising large-scale public celebrations or entertainment programmes funded by the state, to maintain neutrality during the electoral period.

To comply with these rules, the civic body decided to call off all official festivities at the headquarters this year. Despite the announcement, many residents claimed they were unaware of the cancellation. Large crowds reportedly gathered at the NMMC HQ, expecting the usual fireworks and light shows, only to be met with a complete absence of celebrations.

Clearer public messaging could have prevented confusion and unnecessary crowding. Some users also questioned why at least minimal decorative lighting was not arranged, even if large-scale celebrations were restricted. One user commented, “Bhai… Kya hogya, NMMC ko….they used to decorate so much on this day…inko kya hua. (What happened to NMMC, they used to decorate so much on this day.)”

While authorities announced earlier that the decision was taken strictly in adherence to electoral guidelines, the disappointment.

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Crime

Navi Mumbai Crime Branch Busts 3 Overseas Job Fraud Rackets In CBD Belapur, 154 Passports Seized, 8 Arrested

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Navi Mumbai, Dec 31: The Navi Mumbai Police Crime Branch has busted an overseas job fraud racket by raiding three bogus HR and manpower supply companies in CBD Belapur that were allegedly cheating unemployed youth by luring them with foreign job offers without possessing the mandatory licence from the Ministry of External Affairs (MEA). During the coordinated operation, police seized 154 passports and arrested eight persons.

The action followed a tip-off received by MEA official Rajeshkumar, who alerted the Navi Mumbai Police after learning that several offices in CBD Belapur were illegally collecting money from job aspirants and falsely promising employment abroad despite lacking the required MEA authorisation.

Acting on the information, Crime Branch Unit-2, under the leadership of Senior Police Inspector Anil Patil, formed three teams and conducted simultaneous raids on December 26.

Police raided HR Global at Vishnu Complex in Sector 15, Vision Arabia HR Solution at Hilton Centre in Sector 11, and Bright Tech Marine Services at Sai Chambers.

During the searches, officers recovered 136 passports from HR Global, 18 passports from Bright Tech Marine Services, and several important documents from Vision Arabia HR Solution.

Investigations revealed that the owners and staff of all three firms were operating without the mandatory MEA licence and were illegally charging candidates while making false promises of overseas employment.

Accordingly, the Crime Branch registered a case at CBD Police Station under Sections 318(2) and 318(4) of the Bharatiya Nyaya Sanhita, along with Sections 10 and 24 of the Emigration Act, 1983.

The arrested accused include Rochak Joshi (30), Sachin Sathale (45), Amit Kadam (41), Devidas Dhangar (38), Sagar Chorat (33) and three others.

“The accused were running fake recruitment operations and collecting passports and money from candidates without any legal authority to send Indian citizens abroad for employment. We have seized a large number of passports and documents, and further investigation is underway to identify more victims,” said Senior Police Inspector Anil Patil.

Police said the exact number of people cheated by the racket is yet to be ascertained, and efforts are underway to trace victims of the fraud.

Meanwhile, the Navi Mumbai Police have urged citizens to remain cautious and verify the MEA licence of any overseas recruitment agency before making payments, warning that strict action will be taken against those involved in such fraudulent activities.

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