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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

Mira-Bhayandar Crime: Kashigaon Police Arrest 3 Accused For House Burglary, Recover Cash And Gold Worth ₹2.36 Lakh

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Mira-Bhayandar, Jan 02: The Kashigaon Police Crime Detection Team has arrested three accused involved in a house burglary case and recovered stolen gold ornaments, cash and burglary tools.

According to the police, the incident took place on the morning of December 30, 2025, when the complainant, Shraddha Anil Shelar, a homemaker and resident of Hatkesh, Kashigaon, had locked her house and gone to Ramdev Park, Mira Road, along with her husband Anil Shelar to file nomination papers for the Ward No. 13 municipal councillor election.

When the couple returned home around 1.30 pm, they found the main door broken and household articles scattered. On checking the iron cupboard, it was discovered that gold ornaments weighing about 43 grams, including a gold chain, bracelet, earrings, nose ring and pendant worth approximately ₹2.16 lakh, along with ₹20,000 in cash, had been stolen.

Based on the complaint, Kashigaon Police registered a case under relevant sections of the Bharatiya Nyaya Sanhita for theft and house-breaking.

During the course of investigation, the police tracked down the accused and arrested them from Bhayandar Railway Station while they were attempting to flee to another state.

The arrested accused have been identified as Irfan Yusuf Khan (25), Sagar Dilip Soni (23) and Ajay Vijay Torne (19), all residents of the Mira Road area. One of the accused is originally from Nepal, police said.

Police have recovered the stolen gold ornaments, cash and the tools used for committing the burglary from the accused. Further investigation revealed that accused Irfan and Sagar have prior criminal records, with theft and house-breaking cases registered against them at Nayanagar, Navghar and Mira Road police stations, and had previously served jail sentences.

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Crime

BJP flags Sonia Gandhi angle in Sabarimala gold heist, seeks central probe

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Thiruvananthapuram, Jan 2: The BJP on Friday intensified its attack on the Congress over the Sabarimala gold theft case, asserting that the controversy cannot be resolved without a probe by central agencies and alleging that the Congress leadership, including Sonia Gandhi, has serious questions to answer.

Former BJP state president K. Surendran said the ongoing state-level investigation would not bring out the truth and was being structured to protect politically influential individuals.

Surendran recalled that the Kerala High Court had, at the very outset, expressed suspicion over the possible involvement of notorious idol-smuggling syndicates.

He said subsequent disclosures by Congress Working Committee (CWC) member and senior legislator Ramesh Chennithala lent credibility to concerns that the stolen gold and artefacts may have entered the international antiquities market.

“What was stolen is invaluable. This is not a local crime but an international idol-smuggling racket,” Surendran said.

The BJP leader placed particular emphasis on what he termed the Congress angle, referring to a photograph of Sonia Gandhi with prime accused Unnikrishnan Potti that surfaced during the course of the investigation.

Surendran said there was initially no reason for suspicion, as such interactions could appear routine. However, he accused senior Congress leaders, including Chennithala and Leader of the Opposition V.D. Satheesan, of gradually retreating from their initial positions once the issue gained public traction.

“Why did they step back? Why is there no clear explanation?” he asked.

Criticising Chief Minister Pinarayi Vijayan’s remarks on Sonia Gandhi as “political manoeuvring,” Surendran demanded clarity on who introduced the prime accused Unnikrishnan Potti to the Congress leadership.

He further alleged that individuals with close familial links to Sonia Gandhi in Italy are involved in the marketing of antiquities, arguing that this alleged international dimension warrants a thorough investigation by central agencies.

Surendran claimed that Chennithala may not have fully grasped the implications initially but later “entangled himself” by making partial disclosures.

“If he has information, why is he not standing firmly by it?” he asked, accusing the Congress of evasiveness and selective silence.

In a sarcastic remark, Surendran said that if the prevailing narrative is that CPI(M) leaders stole the gold, it may have to be amended to suggest that the Congress facilitated its sale.

“The Congress has an equal stake in this case and will not walk away unscathed,” he said.

Surendran also named former Travancore Devaswom Board member K.P. Shankardas as a key figure who, he alleged, enjoys high-level protection and has so far escaped scrutiny.

He claimed that arrests of prominent individuals took place only under strict court directives and criticised changes made to the Special Investigation Team (SIT) after the questioning of former Devaswom Minister Kadakampally Surendran, alleging that officers sympathetic to the CPI (M) were subsequently inducted.

All these factors, he said, underline the urgent need for a comprehensive investigation by central agencies.

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Crime

Thane Crime Branch Busts Major Drug Racket, Seizes 638 Kg Ganja Worth ₹2.04 Crore, One Arrested

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Thane: The Thane crime branch has arrested a 36-year-old man and seized 638 kg of marijuana worth about ₹2.04 crore during an operation on December 30.

The accused has been identified as Chinna Tagur Laxman Nayak, a resident of Mehabubnagar district in Telangana, who would often ferry the drugs from Odisha and Telangana to the city.

Acting on a tip-off, the property cell of the crime branch learned that a large drug consignment was being brought to Thane. A trap was laid at Kharegaon toll naka in Kalwa on the Mumbai–Nashik highway, and the police intercepted an Innova and found 638 kg of ganja hidden inside the vehicle. The drugs are estimated to be worth ₹2.04 crore in the illicit market.

The accused has been booked under relevant sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He was produced before a local court and has been remanded to police custody till January 3.

We suspect that an entire gang is operating in the region, and we will soon trace the remaining members- Amarsinh Jadhav

Amarsinh Jadhav, deputy commissioner of police (Crime), said , “Our team is investigating further to identify the source of the contraband and the individual to whom the consignment was to be delivered. We suspect that an entire gang is operating in the region, and we will soon trace the remaining members.”

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