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Gag on POSH cases: After 6 months, Bombay HC says it’s ‘case specific’

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4 years ago

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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.

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Crime

Mumbai Customs arrests 28-year-old man with hydroponic weed worth Rs 2.05 crore at CSMIA

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4 hours ago

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June 24, 2026

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Mumbai, June 24: Mumbai Customs on Wednesday arrested a 28-year-old man for allegedly smuggling hydroponic weed worth Rs 2.05 crore into the country through Mumbai’s Chhatrapati Shivaji Maharaj International Airport (CSMIA).

According to Mumbai Customs, officials intercepted a passenger identified as A.D. Rajani, a resident of Jamnagar, Gujarat, based on specific suspicion that he might be carrying contraband items after arriving at CSMIA from Bangkok.

Following the interception, a detailed search of the passenger’s baggage was conducted. During the examination, officials found his trolley bag stuffed with 14 packets. Upon opening the packets, they were found to contain the fruiting and flowering tops of a plant suspected to be hydroponic weed (cannabis).

Customs officials recovered a total net weight of 5,869 grams of hydroponic weed, with an estimated value of approximately Rs 2.05 crore in the illicit market. Further investigation into the case is underway.

The latest seizure comes amid a series of recent crackdowns on drug smuggling through Indian airports.

On June 22, Customs officials at Indira Gandhi International Airport (IGIA) in New Delhi seized hydroponic weed worth around Rs 4.80 crore from an Indian passenger arriving from Bangkok. The passenger had arrived on Air India flight AI 2335 on June 21 and was intercepted after crossing the Green Channel based on profiling. A detailed examination of his baggage led to the recovery of approximately 13.84 kg of hydroponic weed.

Earlier this month, on June 12, the Customs Department arrested a 28-year-old woman at Mumbai’s Chhatrapati Shivaji Maharaj International Airport for allegedly attempting to smuggle more than 11 kg of hydroponic weed into the country. The seized contraband was estimated to be worth Rs 11.82 crore in the international market.

Hydroponic weed is a high-potency form of cannabis cultivated using water-based nutrient solutions instead of soil. Due to its higher concentration of psychoactive compounds and superior quality, it often commands a significantly higher price in the illegal drug market.

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Crime

Delhi Police bust drug network, arrest peddler and supplier; heroin worth over 106 gm seized

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24 hours ago

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June 23, 2026

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New Delhi, June 23: In a major crackdown on narcotics trafficking, East District Police in Delhi have arrested a drug peddler and her alleged supplier, recovering 106.68 grams of suspected heroin/smack and Rs 1,01,732 in cash believed to be proceeds from drug sales.

According to a press release issued by East District Police, the operation was conducted during the investigation of FIR No. 144/2026 registered under Section 21 of the NDPS Act at Shakarpur Police Station. Police described the action as part of a sustained campaign against drug trafficking and abuse in the national Capital.

The case began on June 21 after police received secret information that a woman was allegedly selling smack/heroin near Metro Pillar No. 51 in Vijay Block, Laxmi Nagar. Acting on the tip-off, a police team reached the spot and apprehended the suspect, identified as 42-year-old Farzana Begum, a resident of Loni in Uttar Pradesh.

During her search, officers recovered 31.68 grams of suspected heroin/smack and Rs 4,832 in cash. During interrogation, Farzana allegedly revealed the identity of the person supplying the narcotics to her.

Based on this information, a police team led by Inspector Manoj Kumar conducted a follow-up operation near Jag Pravesh Chandra Hospital in Shastri Park, where the supplier, identified as 26-year-old Imran of Kartar Nagar, Delhi, was apprehended.

Police said 24 grams of suspected heroin/smack were recovered from Imran’s possession. A further search of the red scooty allegedly used by him led to the recovery of an additional 51 grams of suspected heroin concealed in a yellow plastic packet.

“A total of 106.68 grams of suspected heroin/smack (Intermediate Quantity) was recovered from both accused persons,” the police said in the statement. The recovered substance was examined on the spot by the Mobile Crime Forensic Team using a Narcotic Drug Detection Kit and tested positive for suspected heroin/smack.

Investigators also recovered Rs 96,900 from Imran and his vehicle, taking the total cash seizure to Rs 1,01,732. Police said the accused disclosed during interrogation that the money had been generated through the sale and distribution of narcotics.

In addition to the contraband and cash, officers seized a red scooty, a mobile phone and an earphone.

“Efforts are underway to identify the complete supply chain and other associates involved in narcotics trafficking,” the press release stated. Police are now probing the source of the drugs and examining both forward and backward linkages of the network.

East District Police reiterated its commitment to a “zero-tolerance campaign against narcotics trafficking,” adding that Intelligence-based operations and enforcement drives will continue to target drug networks operating in the district.

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Crime

11-year-old girl raped, murdered in Delhi Mehrauli; cab driver arrested

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1 day ago

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June 23, 2026

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New Delhi, June 23: The Delhi Police on Tuesday have arrested a cab driver in connection with the abduction, rape, and murder of an 11-year-old girl in Delhi’s Mehrauli area. Authorities managed to track down and apprehend the accused within six hours of the incident.

According to the police, the suspect abducted the young girl around 5:00 A.M. on Monday while she was sleeping on the pavement alongside her family.

Upon receiving the report, the Delhi Police immediately formed multiple specialised teams to locate the child. Following his arrest, the accused confessed to the crime and revealed that he had dumped the victim’s body along the Faridabad-Gurugram road.

The police have since recovered the body and booked the driver on charges of kidnapping, rape, and murder.

In a separate incident in the national Capital, a 36-year-old social media influencer has accused a man of raping her under the pretext of shooting videos, officials said on Monday.

Based on the woman’s complaint, a First Information Report (FIR) was registered at the Burari Police Station on June 10, and a senior police officer confirmed that an investigation is currently underway.

According to the complaint, the victim, a resident of Burari, came into contact with the accused through a social media platform in 2022. She alleged that the man invited her to a local hotel in September 2022 under the guise of filming social media reels, where he subsequently sexually assaulted her.

The woman further alleged that the suspect later blackmailed and repeatedly assaulted her. She eventually distanced herself from him after discovering that his real name was different from the identity he had initially presented. Following this, she claimed she received threats from the accused’s brother-in-law and another relative.

Meanwhile, in Bihar’s Begusarai district, a 28-year-old married woman was allegedly gang-raped by five youths. The perpetrators subjected the victim to extreme brutality, inserting a live bullet, a stone, and a piece of wood into her private parts.

Although the assault occurred on the night of June 11, it was medically confirmed during an examination on Thursday. The survivor is currently undergoing treatment at the Sadar Hospital. In her statement before the court, she testified that the five men held her captive when she stepped outside to relieve herself, dragged her to a secluded location, tied her up with ropes, and assaulted her.

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