Saturday 19 March 2022

Bombay high court clarifies that its guidelines in POSH Act do not apply to all cases under POSH Act.

  The directions had to be confined to this particular case.

They could not possibly have had any larger or wider applicability for the simple reason that any such Rules of general applicability would have to be approved by the Full Court. A delegation of the authority of the Full Court would have to be in a manner known to law. 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 Hon’ble 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 24th September 2021. {Para 5}

7. Ms Jaising agrees that this sufficiently addresses her clients’

concerns in the Interim Application. She therefore does not press

the Application. It is disposed of in these terms. 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION (L) NO. 2215 OF 2022

IN

SUIT NO. 142 OF 2021

Forum Against Oppression of Women …Applicant

In the matter between

P ...Plaintiff  Vs A & Ors …Defendants


CORAM: G.S. PATEL, J

DATED: 17th March 2022


1. The Interim Application is filed by a group, The Forum

Against Oppression of Women. This is an application under Order 1

Rule 8-A read with Section 151 of the Code of Civil Procedure 1908

(“CPC”).


2. It seeks impleadment in the Suit, which is between private

parties. It seeks this because of my order of 24th September 2021.

This was an order that issued certain directions regarding the

further progress in the matter, covering aspects of confidentiality

etc. The Interim Application proceeds on the basis that the

directions on that day in the Suit were general directions governing

all matters under the POSH Act and Rules.

3. That is an incorrect impression.

4. It is true that it remained to be specifically noted in that order

of 24th September 2021 that the order was indeed not only

restricted to this particular Suit, but was by consent of both sides

and was based on signed written submissions presented by the

Advocate for the Plaintiff, Ms Abha Singh, and Dr Saraf for

Defendants Nos. 1 and 2.

5. The directions had to be confined to this particular case.

They could not possibly have had any larger or wider applicability

for the simple reason that any such Rules of general applicability

would have to be approved by the Full Court. A delegation of the

authority of the Full Court would have to be in a manner known to

law. 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 Hon’ble 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 24th September 2021.


6. I addressed some of these inadvertent lapses in the

subsequent order of 11th October 2021 where, in paragraphs 3 and 4

I said:

“3. Second, the Court Associate points out that the

suggestions by Ms Abha Singh for the Plaintiff and Dr

Saraf for Defendants Nos. 1 and 2 were tendered on

24th September 2021 remained to be noted in the

order of 24th September 2021 and to be formally taken

on record. Ms Singh’s signed submissions are retained

on record and marked “X1”. I am marking them with

the date of 24th September 2021 since that is the date

when they were taken on record. Similarly, Dr Saraf’s

submission for Defendants Nos. 1 and 2 are marked

“X2” for identification with date of 24th September

2021.

4. It is also clarified that while the consent order of

24th September 2021 presently governs further

proceedings in this matter according to the agreed

protocol, parties are always at liberty to apply, should

the need arise or if there is a change in

circumstances.”

7. Ms Jaising agrees that this sufficiently addresses her clients’

concerns in the Interim Application. She therefore does not press

the Application. It is disposed of in these terms. I have taken the

liberty of orally pointing out the submissions made by Ms Abha

Singh under her signature including the submissions for masking

names, in camera hearings and protecting privacy.

8. It is clarified that this order is required to be uploaded,

although with the names of the parties anonymised.

9. The papers had to be unsealed for this order. They will be

sealed again.

(G. S. PATEL, J)


Print Page

No comments:

Post a Comment