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
32-Year-Old Man Arrested For Hoax Bomb Threat To Mumbai Police Control Room; Suspect Was Drunk & Had Past Record Of Similar Calls

Mumbai: Panic gripped the Mumbai Police force on Thursday evening after the control room received a call from an unidentified person claiming that a bomb would be detonated inside a suburban local train — the city’s lifeline. Within hours, the Azad Maidan police special team traced and arrested the caller, identified as Suraj Dharma Jadhav (32), from Kalina, Santacruz.
According to police officials, Jadhav, who is addicted to alcohol, has a past record of making similar hoax bomb threat calls to the police.
About The Case
On Thursday, after consuming liquor, he allegedly phoned the police control room and declared that he would trigger a blast in a suburban train before abruptly disconnecting the call. When police dialed back, the number was found switched off.
With Independence Day around the corner, senior police officials took the threat very seriously and directed the local police, Railway Police, and the Crime Branch to conduct immediate checks. Security was tightened across railway stations, with increased deployment, baggage checks, and inspection of suspicious individuals. However, no suspicious object was found.
Investigators traced the call to Kalina and picked up Jadhav for questioning. During interrogation, he confessed to making the hoax bomb threat. Police revealed that he had earlier been arrested for a similar offense and was out on bail. Despite having been bound down previously under preventive action by the Assistant Commissioner of Police’s office, Jadhav repeated the offense. Authorities have now warned that stricter action will be taken if he violates the bond conditions again.
Meanwhile, the Railway Police Force (RPF) and local police continued heightened vigilance at key stations following the threat.
Crime
Mumbai: POCSO Court Sentences 50-Year-Old Businessman To 20 Years For Repeated Sexual Assault Of Minor

Mumbai: A special POCSO court in Dindoshi sentenced a 50-year-old Malad businessman, who owns an imitation jewellery factory, to 20 years of rigorous imprisonment for repeatedly sexually assaulting a minor girl from April 2021 to February 2023 on the promise of marriage.
Observation Made By The Court
The Dindoshi court, while convicting the businessman, held that, “it is indigestible that a married man who at the relevant time, which is, from 2021 to 2023, was the father of four children, still enticed the victim expressing his desire to marry with her. This itself goes to show that the accused not only had a culpable mental state of mind but also the accused committed the offence of rape, not on one occasion but repeatedly.”
The court noted that the accused exploited the victim’s minority and her family’s status as his tenants, with her mother working in his factory. “The victim was influenced by the accused to marry her once she attained majority. The innocence of the victim reflects from her understanding that she had no idea about the consequences that the accused is quite older than her, he is already married and has four children,” the court added, noting the victim’s lack of maturity and understanding of reality.
In a separate case, a Thane sessions court sentenced a 35-year-old man to 10 years of rigorous imprisonment, with a Rs 10,000 fine, for raping his 10-year-old stepdaughter in April 2019, along with a one-year sentence under the Juvenile Justice (Care and Protection of Children) Act and a Rs 1,000 fine.
Crime
Two Held With ₹68 Lakh Cash Near India-Myanmar Border In Mizoram; Heroin Worth ₹78 Lakh Seized

Aizawl: Two persons were arrested with Rs 68 lakh in cash near the India-Myanmar border in east Mizoram’s Champhai district, officials said on Thursday.
Acting on a tip-off, the Assam Rifles intercepted a vehicle at Zote village on August 11, they said.
Upon thorough checking, Rs 60 lakh in cash was recovered from two persons in the vehicle.
The duo, identified as Joseph Lalthansanga and Vanlalruati, could not state any proper reason why they were carrying such a huge amount of cash. They were subsequently handed over to the police for legal action, officials said.
In another operation, the Assam Rifles recovered 94.6 gram of heroin, worth Rs 78 lakh, from the village on Wednesday.
The drugs were handed over to the Excise and Narcotics Department, officials said.
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