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
Bihar: Robbers posing as police steal goats purchased under CM’s scheme

Patna, Dec 12: A shocking incident has emerged from Samastipur’s Vidyapati police station area, where four men posing as police personnel stole goats purchased under Chief Minister Nitish Kumar’s Women’s Employment Scheme.
The incident occurred on Friday in Dhaneshwarpur South Panchayat, Ward No. 9, when the victim, Champa Devi and her family were asleep.
Suddenly, a four-wheeler pulled up outside their home, and the men inside woke the family.
Claiming they were police officials searching for a liquor mafia suspect, the men forcibly entered the premises.
Inside, they took away four goats that Champa Devi had bought using the Rs 10,000 financial assistance she received under the Women’s Employment Scheme.
When she tried to stop them, the accused reportedly brandished a pistol, abused her, and threatened to kill her.
“They said they were police and that a liquor mafia had passed that way. They showed a pistol and told us to move aside. Fearing for our lives, we stepped back. They loaded all four goats into their vehicle and fled,” said Champa Devi.
The same group allegedly targeted another house nearby, stealing three more goats.
According to the victims, they too had purchased the goats with government assistance.
Before the villagers could understand what was happening, the thieves fled in their vehicle with all seven goats.
Locals have demanded strict police action. However, Vidyapati police said they are awaiting a formal complaint to begin proceedings.
“A report of theft has been received, but no application has been filed yet. Action will be taken as soon as we receive it. The gang involved is being investigated,” said Suraj Kumar, Police Officer, Vidyapati Police Station.
The area has witnessed several such goat thefts in the past. Thieves often arrive in four-wheelers—not on motorcycles or on foot—making quick escapes difficult to track.
In an earlier incident a few years ago, villagers even held a DSP hostage after mistaking him for a goat thief.
Under Chief Minister Nitish Kumar’s Women’s Employment Scheme, women are provided Rs 10,000 each to start income-generating activities.
So far, 1.56 lakh women have received the amount. After six months of evaluation, beneficiaries showing positive outcomes become eligible for Rs 2 lakh in additional support to expand their ventures.
Crime
Thane Crime Branch Busts Mephedrone Racket, Seizes Drugs, Firearm And Arrests Two In High-Intensity Raid

Thane: The Anti-Extortion Squad of the Crime Branch, Thane, acting on secret information, raided a gang involved in the illegal sale of Mephedrone (M.D.) and arrested two accused. Police seized 108.8 grams of Mephedrone worth Rs 10.88 lakh, a country-made pistol, and a live cartridge—totaling Rs 11.41 lakh.
According to the sequence of events, on the night of December 8 around 10:50 PM, the police team raided Shri Gajanan Residency in Adavali-Dhokali, Kalyan East, and caught Aakib Iqbal Bagwan (33). A large quantity of M.D. and an unlicensed country-made pistol were recovered from his possession. Further probe revealed that Bagwan was already wanted in two NDPS cases at Bazarpeth Police Station, Kalyan.
During interrogation, Bagwan disclosed that the pistol was supplied to him by Bharat Shatrughna Yadav. Using technical investigation and confidential sources, the police detained Yadav as well. A live cartridge was recovered from him during the search.
A case has been registered against both the accused at Manpada Police Station under relevant sections of the NDPS Act, the Indian Arms Act, and the Maharashtra Police Act.
The operation was carried out under the guidance of DCP Amarsingh Jadhav and ACP Vinay Ghorpade by Senior Police Inspector Shailesh Salvi, Assistant Police Inspector Sunil Tarmale, and team members Bhosle, Kanade, Thakur, Rathod, Shinde, Patil, Gaikwad, Jadhav, Gadge, Pavaskar, Hivare, Waykar, Shejwal, and Bhosle.
Crime
CBI court sentences ex-village pradhan, fair price shopkeeper to 10 year-jail term in SGRY fraud case

New Delhi, Dec 12: A special CBI court in Lucknow has sentenced two individuals — a former village pradhan and a fair-price shopkeeper — to 10 years of rigorous imprisonment in a major corruption case involving misappropriation of over Rs one crore under the Sampurna Grameen Rozgar Yojna (SGRY), the agency said on Friday.
The verdict was delivered on Thursday. According to an official release, the court convicted Satya Narayan Prasad Patel, then village pradhan, and Shahnawaj Alam, then fair-price shopkeeper (kotedar), imposing a total fine of Rs 55,000 on the two.
The court held them guilty of causing wrongful loss to the government exchequer by siphoning off cash and foodgrains allocated for rural employment and welfare.
The case dates to 2006, when Narhi Police Station in Ballia district registered an FIR alleging large-scale irregularities in SGRY distribution.
The Central Bureau of Investigation (CBI) took over the probe on October 31, 2008 and registered a case against 172 accused persons, including officials responsible for implementing the scheme at the village and district levels.
Investigators found that the accused caused a wrongful loss of Rs 65 lakh in cash and misappropriated foodgrain worth Rs 45.26 lakh, preparing forged records and using fraudulent means to divert government resources intended for the rural poor.
“It was alleged that the accused persons had caused wrongful loss to the Government Exchequer to the tune of Rs 65.00 lakh in cash and foodgrain worth Rs 45.26 lakh and corresponding gain to themselves by cheating, fraud, and preparing forged documents under Sampurna Grameen Rozgar Yojna (SGRY),” the CBI said in its press note.
After a detailed investigation, the CBI filed a charge sheet on November 10, 2010, against three individuals: Satyendra Singh Gangwar, then Chief Finance and Accounts Officer of the District Rural Development Agency (DRDA) Ballia; Satya Narayan Prasad Patel; and Shahnawaj Alam.
Following the trial, the CBI court convicted Patel and Alam but acquitted Gangwar of all charges.
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