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
Three Khalistani terrorists who bombed Punjab Police posts killed in encounter in UP
Pilibhit (Uttar Pradesh), Dec 23: Three criminals accused of hurling a grenade at police posts in Punjab’s Gurdaspur were killed in an encounter with police in Uttar Pradesh’s Pilibhit early Monday morning, a senior police officer said.
Punjab Police DGP Gaurav Yadav, while sharing details on social media platform X, stated, “In a major breakthrough against a Pak-sponsored Khalistan Zindabad Force (KZF) terror module, a joint operation by UP Police and Punjab Police led to an encounter with three module members who fired at the police party. This terror module is involved in grenade attacks at police establishments in border areas of Punjab.”
He said that the three suspects were involved in the grenade attack on a police post in Gurdaspur.
Pilibhit Superintendent of Police (SP) Avinash Pandey reported that the gunfight occurred in the Puranpur police station area between the suspected Khalistani terrorists and a joint team of Punjab and Uttar Pradesh Police.
The injured suspects, identified as Gurvinder Singh, Virendra Singh, and Jasanpreet Singh, sustained injuries and were taken to a hospital for treatment.
Authorities recovered two AK-series rifles, two Glock pistols, and a large quantity of ammunition from the scene.
“Early this morning, a team from Punjab Police informed Puranpur police station that suspects in a grenade attack on a police post by alleged Khalistani terrorists might be hiding in the area,” SP Pandey said.
Upon receiving this information, police teams immediately launched a blockade and searched the area. They later received a tip-off about three suspicious young men on a motorcycle, riding dangerously and carrying potentially harmful items, heading toward Pilibhit.
“Both Punjab Police and Puranpur police station staff chased the suspects. Meanwhile, Gajrola and Madhav Thanda police stations were alerted about possible escape routes. At a canal track near an under-construction bridge, the suspects opened fire when challenged by the police. In the retaliatory firing, all three were injured and subsequently sent to CSC Puranpur for treatment,” Pandey said.
However, they later succumbed to the injuries.
Recently, multiple explosions targeted police posts in Gurdaspur. On Thursday, a grenade was hurled at the closed Bakshiwal police post.
A day later, another explosion occurred at the closed Wadala Bangar police post, which had also recently shut down due to staff shortages.
Residents in nearby areas reported being shaken by the blasts. At Wadala Bangar, frightened locals emerged from their homes at night only to discover the sound originated from the police station. Following the explosion, police vehicles patrolled the area throughout the night, with sirens blaring.
Crime
At least 18 killed in Israeli airstrikes on Gaza
Gaza, Dec 21: At least 18 Palestinians were killed in Israeli airstrikes on the central and northern Gaza Strip, according to Palestinian sources.
Local sources and eyewitnesses reported that Israeli warplanes targeted an apartment in the multi-story “Yaffa” tower in the al-Nuseirat camp, located in central Gaza.
A statement from Al-Awda Hospital in the camp confirmed that eight people were killed and 14 others injured, some seriously, in the attack.
In northern Gaza, Israeli shelling struck a house belonging to the “Khilla” family in Jabalia Al-Balad, killing 10 people and injuring several others, according to the Gaza Strip’s Civil Defence.
The Israeli army has not commented on these incidents.
Also on Friday, the military wing of Hamas, Al-Qassam Brigades, announced that one of its fighters had carried out a suicide attack targeting an Israeli force of six soldiers in Jabalia refugee camp, northern Gaza.
The Israeli army has not issued a comment on this incident.
Earlier on Thursday at least 16 Palestinians were killed by Israeli bombings in northern Gaza, the Palestinian official news agency WAFA reported.
At least 10 people were killed on Wednesday night and some others injured when the Israeli aircraft bombed the house of the Al-Najjar family in the town of Jabalia, WAFA said.
Six more people were killed due to Israeli bombing on the house of the Al-Zaytouniya family near the Al-Tabi’in School in the Al-Daraj neighborhood, east of Gaza City, it added.
The Israeli army has not commented on these incidents.
Israel has been conducting a large-scale offensive against Hamas in Gaza in retaliation for the October 7, 2023 Hamas assault on southern Israel, which resulted in approximately 1,200 deaths and 250 hostages taken.
As of Friday, the Palestinian death toll from ongoing Israeli attacks in Gaza has risen to 45,206, according to Gaza-based health authorities.
Crime
Maharashtra: Govt Employee Accused Of Attacking Marathi-Speaking Family In Kalyan Surrenders Before Cops
The Maharashtra government employee accused of attacking a Marathi-speaking family at Kalyan in Thane district surrendered before police on Friday, a senior officer said.
Akhilesh Shukla (48), an employee of the Maharashtra Tourism Development Corporation (MTDC), his wife Geeta (45) and others have been named in an FIR related to the alleged attack on the family, their neighbour, on December 18 after an argument.
Akhilesh Shukla surrendered before the Khadakpada police, senior inspector Aamarnath Waghmode said.
“We will trace the other accused,” said the police.
Meanwhile, before surrendering, Shukla posted a video on social media in which he claimed his wife was beaten up by family members of the victims.
The police have registered a case against Shukla and his wife Geeta (45) under the Bharatiya Nyaya Sanhita (BNS) sections 74 (assault or criminal force to woman with intent to outrage her modesty), 115 (voluntarily causing hurt), 351(3) (criminal intimidation), 189 (2) (3) and (5) (unlawful assembly) and others.
According to police, the attack took place around 8.45 pm on December 18, and the accused as well as the victims live on the same floor of a building in Kalyan.
As per the FIR, the victim saw Shukla quarrelling with one of their neighbours over lighting of an incense stick. The victim asked Shukla to maintain peace and not to abuse and insult the entire Marathi-speaking community.
The accused couple got angry on hearing this and beat up the victim and his wife with the help of eight to ten others. They attacked the male victim using some sharp weapon, iron rod, pipes and wooden sticks, and inflicted wounds on his arms, legs and face. The accused also molested his wife and threatened the couple, it added.
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