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
Kishtwar rape-death case: Main accused among three more held, total arrests reach five

Jammu, Aug 27: The Special Investigation Team (SIT) of Jammu and Kashmir Police has arrested three more suspects, including the key perpetrator, in connection with the rape and death of a 15-year-old tribal girl in Kishtwar district last week, the police confirmed on Thursday.
Senior Superintendent of Police (SSP) Kishtwar, Naresh Singh, stated that the newly arrested individuals include a government school teacher accused of repeated sexual assault, his brother, and a daily-wager sweeper at District Hospital Kishtwar.
The minor girl allegedly died on August 20 following an abortion attempt in Chatroo area of the district.
The SSP said two of the accused have been identified as Mohd Ishaq and Riyaz Ahmed Sheikh, while the identity of the daily-wage sweeper is yet to be available.
According to the police, the minor was allegedly repeatedly raped by the teacher over several months, resulting in her pregnancy.
The Chatroo police received information about the girl’s suspicious death on August 20. As no formal complaint had initially been received, the police began inquest proceedings to establish the circumstances surrounding her death.
“During the course of the inquest, material disclosing the commission of cognizable offences surfaced,” the SSP said.
The proceedings were subsequently converted into an FIR at Chatroo police station.
The FIR was registered under provisions of the Bharatiya Nyaya Sanhita (BNS) relating to rape and death caused by miscarriage, among other offences. The Protection of Children from Sexual Offences (POCSO) Act was also invoked. During the investigation, provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act were added.
Given the seriousness and sensitivity of the case, the police constituted an SIT headed by Additional SP Kishtwar Pardeep Singh. The team includes Deputy Superintendent of Police Nitish Sharma, Chatroo SHO Inspector Rishi Kumar and other officers. It has been directed to conduct a thorough, scientific and time-bound investigation into all aspects of the case.
During the inquest and subsequent investigation, evidence allegedly emerged against the government teacher, including allegations that he had repeatedly sexually assaulted the minor, resulting in her pregnancy.
The probe further revealed that the teacher, allegedly in criminal conspiracy with his brother, administered medicines purportedly intended to terminate the pregnancy, Singh said.
The girl was initially taken to the Public Health Centre in Chatroo for medical treatment and was later shifted to District Hospital Kishtwar by the accused and others. The police allege that the hospital’s daily-wager sweeper was also involved in the conspiracy. The minor received treatment at the hospital and underwent an ultrasound examination.
Accordingly, Ishaq, Sheikh and the sweeper were arrested for their alleged involvement in the conspiracy, the SSP said. He added that further arrests would be made wherever warranted by evidence.
“The investigation is being conducted in a fair, impartial, professional, scientific and evidence-based manner,” Singh said, adding that every aspect of the case was being examined and legal action would be taken against anyone found involved.
Meanwhile, the local Imam of Kishtwar Jamia Masjid has called for a complete shutdown across the district on Thursday, demanding a thorough investigation and action against all those responsible. The shutdown call has received support from various organisations, including lawyers and Hindu religious bodies.
The National Commission for Scheduled Tribes (NCST) has also issued notices to the Jammu and Kashmir chief secretary, Director General of Police and Kishtwar SSP, seeking their responses within five days. The commission said it may summon the officials in person if they fail to respond. It has decided to probe the alleged rape and death of the minor girl.
Crime
Student found hanging in NIMS University Hostel in Jaipur; second fatality in two days

Jaipur, Aug 27: A 20-year-old student was found hanging inside a hostel room at NIMS University near Jaipur, Rajasthan, police said on Thursday.
The incident came to light after fellow students noticed a foul smell coming from his locked room and informed the police late Wednesday night. The deceased has been identified as Mohit Saini, a resident of Lotesar in Mathura, Uttar Pradesh. He was a second-year CPT student and had been staying at the university’s Sunrise Hostel.
According to police, the incident was reported late at night. Hostel students became suspicious after detecting a strong foul smell coming from Saini’s room. They informed the Chandwaji police, following which a police team reached the hostel. Police had the locked room opened and found Saini’s body hanging inside. The body was subsequently shifted to NIMS Hospital for a post-mortem examination.
Chandwaji SHO Rajbir Singh said the condition of the body and the foul smell suggested that Saini may have died one or two days before the incident was discovered. Police suspect suicide but have not yet established the exact circumstances surrounding the death. Investigators are collecting information from hostel authorities and fellow students. The post-mortem examination is expected to provide further information about the cause and time of death.
The incident comes just one day after the death of another student at NIMS University. On August 25, B.Tech student Aditya Tiwari, a resident of Lucknow, allegedly died after falling from the 15th floor of a hostel building. The incident reportedly occurred at around 8:30 p.m. Tiwari was staying at the university’s Garnek Hostel.
According to the police, neither of his roommates was present in the room when the incident occurred. Police are investigating both incidents and examining the circumstances surrounding the deaths. Statements from students, roommates and hostel officials are expected to form part of the investigation.
The two incidents within a span of two days have raised concerns on the university campus. However, police have not indicated any connection between the two cases at this stage.
Further details are expected after the post-mortem reports and completion of the ongoing investigations.
Crime
Delhi model stabbed to death inside her home by gym trainer

New Delhi, Aug 27: A 21-year-old student and model was allegedly stabbed to death inside her home in West Delhi Tilak Nagar, with police suspecting the involvement of her gym trainer.
The deceased, identified as Muskan, was reportedly alone at her second-floor residence when the alleged attack took place on Wednesday. The accused, identified as Imran, allegedly entered the house, attacked her with a knife and fled from the scene.
Hearing Muskan’s cries for help, neighbours rushed to the residence and found her seriously injured and lying in a pool of blood. She was immediately taken to a hospital for treatment, but succumbed to her injuries.
“We are searching for the culprit,” Additional Deputy Commissioner of Police Abhishek Gupta told reporters, adding that the police were examining CCTV footage from the surrounding area as part of the investigation.
Muskan’s friend Aman said she was the youngest among three sisters. According to him, one of her elder sisters, who is currently in Chandigarh, called and asked him to rush to Muskan’s house after learning about the attack.
“I received a call, but I don’t remember the exact time. They told me they were not at home and that someone had entered the house and stabbed Muskan,” a friend of the deceased told media.
The friend said the alleged attacker was identified as Imran, who worked as a trainer at the same gym where Muskan used to exercise.
Aman said he immediately contacted another friend and asked him to reach the house and ensure that Muskan was taken to hospital. By the time he arrived, an ambulance had already reached the spot and shifted her for medical treatment.
He also claimed that Muskan’s sisters had previously raised concerns about Imran allegedly harassing her.
“He had troubled her earlier as well, and after this incident, suspicion immediately fell on him,” Aman said.
Police are conducting further investigation, and efforts are underway to trace and apprehend the accused.
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