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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

Maharashtra: Woman From Baramati Raped By 3 Men In Beed After Being Lured With Job Offer

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Beed Maharashtra: A woman from Baramati in Pune district has allegedly been raped by three men in Maharashtra’s Beed district after being promised a job, police said.

The alleged incident took place six months ago, they said, adding that a case was registered a few days back in this connection against four persons, including a woman.

The accused woman lured the victim under the pretext of getting her a job at an arts centre at Ambajogai in Beed district.

However, after the victim arrived here, the woman and two other persons assaulted her and forcibly took her to a lodge in the town where three men allegedly raped her, an official from Ambajogai police station said, quoting the victim’s complaint.

Attempts were also made to force her into prostitution, he said.

The victim recently managed to contact her mother, who rushed to Ambajogai, rescued her daughter and took her back to Baramati.

A case was subsequently registered at the Baramati police station and transferred to Ambajogai Rural police station on Tuesday for further investigation, the official said.

Further probe was on into the case, the police added.

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Crime

Thane: Crime Accused In Ranjit Gaikwad Murder Case, Vicky Kothankar, Arrested In Ulhasnagar

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Ulhasnagar: Bringing relief to a grieving family and an outraged city, the Ulhasnagar police have arrested the prime accused, Vicky Kothankar, in connection with the brutal assault on Ranjit Gaikwad, which ultimately claimed the victim’s life after a ten-day battle in hospital.

The inhuman attack had taken place around Sambhaji Chowk in Camp-4, Ulhasnagar, and had shaken the city due to its sheer brutality and the fact that it unfolded in full public view. The arrest was made from the Vitthalwadi bus depot area, sending a strong message against violent crime, police officials said.

According to the police, Ranjit Gaikwad, a resident of Veer Tanaji Nagar, was walking with his wife and children on the evening of the incident when he was intercepted by Vicky Kothankar and an accomplice. After a brief argument, the accused allegedly struck Gaikwad on the head with an iron rod, delivering a powerful blow that caused him to collapse on the road, bleeding profusely.

The brutal assault occurred in front of Gaikwad’s wife and minor children, triggering panic in the area. Locals rushed the grievously injured man to a private hospital, from where he was later shifted to JJ Hospital in Mumbai due to his critical condition.

Despite intensive treatment for ten days, doctors were unable to save him, and Gaikwad succumbed to his injuries at around 4 am on Sunday, following which the case was converted into murder.

Following the incident, the police launched an intensive manhunt for the accused. Acting on specific intelligence, a special crime investigation team comprising Ramdas Misal, Dilip Chavan, Ganesh Rathod and Sagar More laid a trap and arrested Vicky Kothankar from the Vitthalwadi bus depot area.

The operation was carried out under the guidance of Deputy Commissioner of Police Sachin Gore, Senior Police Inspector Ashok Koli of Vitthalwadi, and Police Inspector (Crime) Chandrahari Godse.

Addressing the media on Monday evening, DCP Amol Koli revealed that the arrested accused has a criminal history, with previous serious offences, including cases related to violent crime, registered against him. Police are currently conducting a search for the absconding accomplice, while also probing the exact motive behind the attack.

The daylight brutality of the assault and the fact that it was witnessed by the victim’s family have created an atmosphere of fear among residents. Citizens have demanded strict and exemplary action against the accused and his associates to deter such violent crimes.

The murder of Ranjit Gaikwad has once again highlighted the growing concern over street violence and repeat offenders in Ulhasnagar, with locals urging the police administration to intensify preventive measures.

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Crime

Rajasthan’s Neem Ka Thana Railway Station gets bomb threat, no suspicious object found

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Jaipur, Dec 16: In a series of frequent bomb threats being received in Rajasthan, Neem Ka Thana railway station in Sikar district received a bomb threat on late Monday night, triggering panic and an immediate security response. However, after an extensive search operation, no suspicious object or explosive was found, bringing relief to officials and the public alike.

According to information received, the threat was conveyed through an unknown phone call and message, following which the administration swung into action. Teams from the Government Railway Police (GRP), Railway Protection Force (RPF), and Neem Ka Thana police cordoned off the railway station and launched a thorough search operation. A dog squad was also pressed into service to scan the premises. After hours of intensive checking, security agencies confirmed that no bomb or suspicious material was found at the railway station.

Despite this, the sudden deployment of security forces and checks created an atmosphere of fear among commuters and local residents.

Authorities have now begun an investigation to trace the origin of the threat call and message, with intelligence agencies actively searching for those responsible.

Officials said strict action will be taken against anyone found spreading panic through such hoax threats.

Notably, Rajasthan has witnessed a spate of bomb threats over the past month, targeting key government and public institutions.

Threatening emails and messages have earlier been received by the Rajasthan High Court, Ajmer Dargah Sharif, Ajmer Collectorate, Kota Collectorate, and most recently, the Hanumangarh Collectorate on Monday morning. In several cases, buildings were evacuated and security checks carried out, though no explosives were found at any location.

These repeated threats have even led to the postponement of court proceedings at the Rajasthan High Court on multiple occasions. The administration has reiterated that all such threats are being taken seriously, security arrangements have been strengthened statewide, and investigations are ongoing to curb the misuse of threats aimed at disturbing public order.

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