25 Important Judgements And Happenings In The Bombay High Court From 2021

From Bollywood to politics, 25 important judgements and happenings in the Bombay High Court from 2021. 1. Media Trial During Investigation Interferes With Administration Of Justice; Amounts To Contempt Of Court : Bombay High Court [Nilesh Navalakha & Ors. v. Union of India] A Division Bench comprising Chief Justice Dipankar Dutta and Justice GS Kulkarni held that media trial during criminal investigation interferes with administration of justice and hence amounts to 'contempt of court' as defined under the Contempt of Courts Act, 1971. The Court also held that media reports interfering with criminal investigation, before the initiation of a trial, can amount to interference with administration of justice. The bench rejected the argument of fair reporting under Section 3 should be available even for reports about investigation. This argument was made on the interpretation that 'judicial proceeding' as defined under Section 3 should cover proceedings from the stage of registration of FIR. Further, the Court issued a slew of directions to regulate media reporting of an ongoing criminal investigation. The order was passed in the backdrop of alleged 'media trial' in actor Sushant Singh Rajput's death case. The bench directed all complaints regarding a programme's content to be handled by an authorized officer of the Central Government under the Cable TV Network Act without involving a private body. 2. Pressing Breasts Without Disrobing Not "Sexual Assault" As Per POCSO Act But Offence Under Sec 354 IPC: Bombay High Court [Satish v. State of Maharashtra] A single bench of Justice Pushpa Ganediwala (Nagpur Bench) held that groping a child's breasts without 'skin-to-skin contact' would amount to molestation under the Indian Penal Code but not the graver offence of 'sexual assault' under section 8 of the Protection of Children from Sexual Offenses (POCSO) Act. The judgement was severely criticized as POCSO is a gender-neutral legislation unlike sections about rape in the IPC. The observation was made while modifying the trial court's order that held a 39-year-old man guilty of sexual assault for groping a 12-year-old girl and removing her salwar. The court sentenced the man under Section 354 IPC (outraging a woman's modesty) to one-year imprisonment for the minor offence. In another controversial judgment, Justice Ganediwala held that holding a minor girl's hands and opening the zip of pants will not fall under the definition of "sexual assault" under the Protection of Children from Sexual Offences Act 2012 but "sexual harassment" under the IPC. The Supreme Court recently reversed both these controversial judgments by holding that 'skin to skin' contact is not necessary for POCSO offence, and what mattered was if the touch was made with 'sexual intent', whether it was done over clothes or not. 3. No Media Reporting, Public Disclosure Of POSH Case Judgments Without Prior Approval : Bombay High Court Issues Guidelines To Shield Anonymity In a move that was criticised, Justice GS Patel in a short order issued guidelines for cases regarding Sexual Harassment of Women at the Workplaces and virtually barred the media from writing about such cases. The court directed that such matters be heard either in-camera or in the judge's chambers, orders are not to be passed in open court and should not be uploaded on the official HC website either. The court further barred the media from publishing proceedings under the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 or reporting on a judgement without the court's permission. Breach of the guidelines or publishing any party's name or their information, even if it is in public domain, would amount to contempt of court, as per these guidelines. The guidelines deal with the format of orders in POSH cases, filing protocols, grant of access by the registry, conducting hearings, directions to the certified copy department, public access and breach. 4. 'Dissent In Democracy Is Vital' : Bombay High Court Stays Enforcement Of IT Rules 'Code Of Ethics' Against Digital Media In an interim order the Bombay High Court stayed Rules 9(1) and 9(3) of the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules,2021, which mandate that digital news media and online publishers should adhere to the "Code of Ethics" prescribed by the Rules. The HC bench comprising Chief Justice Dipankar Datta and Justice GS Kulkarni prima facie observed that the said provisions infringe the fundamental right to freedom of speech under Article 19(1)(a) and also go against the substantive provisions of the Information Technology Act 2002. "Dissent in democracy is vital. It is, however, the checks and balances that make a democracy work. There can be no two opinions that a healthy democracy is one which has...

25 Important Judgements And Happenings In The Bombay High Court From 2021

Sharmeen Hakim

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