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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

Thane Police Bust Sex Racket; Two Agents Arrested, Five Girls Rescued

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In a swift operation, Thane City Police busted a sex racket operating under the guise of an orchestra bar business. The Wagle Estate Police acted on a tip-off from social worker Binu Varghese, who reported that two agents were luring young women into prostitution near Dheeraj Hotel in Louiswadi, Thane. The accused allegedly sent photos of girls working at local orchestra bars to potential clients through mobile phones.

Following the alert, the Wagle Estate Police Station team conducted a decoy operation by posing as customers. During the raid near Louiswadi, officers detained two male brokers and rescued five women who had been trapped in the sex trade. According to police sources, the rescued girls were originally employed in orchestra bars across Thane and Bhiwandi.

Preliminary investigations revealed that some of the rescued women were earlier booked in a 2021 prostitution case registered at Mira Road Police Station under the MBVV Police Commissionerate. The two arrested brokers had allegedly been running the illegal racket for the past four to five years, supplying girls to clients in Ghodbunder, Thane, and Kalher, Bhiwandi.

The police have registered a case under sections 143(1), 143(3), and 3(5) of the BNS Act, along with sections 4 and 5 of the PETA Act. Both accused have been taken into custody, and the rescued women have been sent to a government-recognised women’s shelter for counselling and care.

The operation was conducted under the supervision of Zone 5 DCP Prashant Kadam, Senior PI Shivaji Gaware, and PI Shivanand Devkar of Wagle Estate Police Station. Authorities have confirmed that investigations are ongoing to identify other individuals connected to the racket and to uncover the full network involved in exploiting women working in orchestra bars.

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Crime

‘No Restriction On Hijab’: Mumbai’s Vivek Vidyalaya & Junior College Issues Clarification Amid Row

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Mumbai: At Vivek Vidyalaya & Junior College in Goregaon West on Thursday, members of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) and a few female students demonstrated against a purported hijab ban. The protest, which attracted much attention on social media after a video clip went viral, forced the college to come out with a clarification.

Following the protest, police had registered an FIR. A senior official said six female students, including three unidentified, were booked for unlawful assembly as they staged a hunger strike outside the college without prior permission and also argued with police personnel who tried to disperse the gathering.

However, the college administration moved quickly to address the controversy. According to the Times of India report, Principal Sheeja Menon stated in a statement that the college “has no reservation for Muslim girl students wearing hijab and, in fact, there is no ban on the practice.” It’s a “misrepresentation which has led to unnecessary issues which were totally avoidable” was the cause of the situation, she continued.

The protest’s leader, AIMIM Mumbai president Farooq Maqbool Shabdi, stated that the action was prompted by complaints from students who were allegedly requested to take off their hijabs before entering classrooms. “The college administration clarified that there is no ban on students wearing the hijab after we protested,” he stated.

This incident shows the continued tensions around dress codes at places of learning and the role of student activism in raising concerns about religious freedom. After discussions with the management of the college, the institution reportedly rolled back any instructions that could be interpreted as a ban on hijab, thereby bringing temporary closure to the controversy.

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Crime

Mumbai Crime Branch Busts Fake Call Centre Selling ‘Viagra’ To US Citizens; 8 Arrested, Key Accused Absconding

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Mumbai: In a major crackdown on an international online fraud network, the Mumbai Crime Branch (Unit 9) has arrested eight individuals for allegedly running an illegal call centre that impersonated pharmaceutical companies and duped foreign nationals — particularly US citizens — by selling fake Viagra and other controlled medicines.

The Crime Branch Unit 9 has busted a fake call centre operating in the Amboli area, allegedly involved in illegally selling sex-enhancement drugs to US citizens. Eight accused have been arrested, while two more suspects are currently absconding.

Police received a tip-off that a call centre named “Team Grand 9 Security Services LLP” was being run from Kevnipada, S.V. Road, Amboli, Jogeshwari (West), where employees were posing as Americans and targeting foreign citizens through telemarketing.

Acting on the information, a raid was conducted around 2:00 am on 4 December 2025, during which police detained Maher Iqbal Patel (26) and Mohammad Amir Iqbal Shaikh (40), the alleged partners of the call centre.

According to police, callers used fake names such as Mike, Alex, James, Shawn and Steven while convincing US citizens to buy medicines such as Viagra, Cialis and Tramadol, and collected payments in US dollars.

Police seized multiple laptops, headsets, pen drives and hard drives during the raid. Two more suspects, including alleged partners Muzaffar Shaikh and Amir Shaikh, are currently on the run.

Police said the call centre had been operating for around six to seven months and used illegally obtained private data of American citizens. The seized digital equipment will be analysed to determine the extent of financial fraud and data theft.

The arrested accused have been identified as Mohammad Aamir Iqbal Shaikh (40), Mahir Iqbal Patel (26), Mohammad Shabib Mohammad Khalil Shaikh (26), Mohammad Ayaz Parvez Shaikh (26), Adam Ehsanullah Shaikh (32), Aryan Mushaffir Qureshi (19), Amaan Aziz Ahmed Shaikh (19) and Hashmat Jamil Jariwala (29), while the main accused Muzaffar Shaikh (43), along with Aamir Maniyar and others, are currently absconding.

Police said that the accused conspired together to falsely represent themselves as authorised sellers of Viagra and other regulated medicines without any licence or agreement from pharmaceutical companies; created a specialised computer system to reach foreign victims; used VOIP and other online calling platforms to contact citizens in the United States and other countries, offering controlled medicines for sale; collected payments from victims through illegal channels; and did not disclose the earnings nor pay the required taxes, thereby causing financial loss to the Government of India.

All eight arrested accused were produced before the Esplanade Court today. The court has sent the accused to police custody till December 10 for further investigation. Police said the search is ongoing to trace the absconding suspects and investigate the financial trail of the fraud.

Officials confirmed that further investigation is underway to trace the supply chain of the medicines and the international payments involved. The Crime Branch has also warned that more arrests are likely.

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