New Delhi, Jan 5 (PTI) A plea has been filed in the Supreme Court, challenging a Bombay High Court order framing guidelines on cases of sexual harassment of women at workplaces which stipulate that such matters will be heard in-camera and no media reporting will be permitted without prior nod.

The high court, on September 24 last year, issued a slew of guidelines related to conducting hearings, passing and uploading of orders, and reportage on cases of sexual harassment of women at workplaces, and made it clear that such cases can be either heard “in-camera” or in the judge's chamber, and no reporting without the nod of the judge will be permitted.

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The plea challenged the high court's decision, terming the directions a "death blow" to the freedom of speech and expression.

"The high court has failed to take into consideration that in matters of social justice and women empowerment, public discourse plays a crucial role in shaping the nature of legal entitlements that are delivered to women," the plea, filed through lawyer Abha Singh, said.

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It also said that a blanket ban or gag order restraining the broadcast or reporting of “true and accurate facts” would infringe upon the people's right to know and violate their right to information which is an integral part of Article 19(1)(a).

"The judiciary is the dispenser of justice and the catalyst for social reforms, and shall therefore in no manner pass any blanket gag order," it said.

The high court has failed to take into consideration a provision of the Code of Civil Procedure which provides that judicial proceedings under the code are to be conducted in “open court”, except in exceptional circumstances.

“However, the provision only empowers the court to prevent persons from entering the court during the proceedings and does not permit an absolute gag, which paves way for complete secrecy regarding the case. An open court proceeding ensures that the judicial process is subject to public scrutiny. Public scrutiny is crucial to maintaining transparency and accountability. Transparency in the functioning of democratic institutions is crucial to establish the public's faith in them,” the plea said.

It sought an interim order staying the effect and operation of the high court's guidelines framed on September 24, 2021.

In a detailed order, the high court had said that henceforth, all proceedings under the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act (POSH Act), 2013, will only be heard in-camera or in the judge's chambers.

Orders in such cases will not be uploaded on a court's website, and the press will not report on a judgement passed under the Act without the court's permission, the HC had said.

It had said there did not exist any "established guidelines" so far for such matters and therefore, issued a "working protocol" for all future cases.

As per the order, breach of the guidelines or publishing the parties' names or, revealing their identities, even if such information already exists in public domain, will amount to contempt of court.

"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 order had said.

The court had said it was imperative that the identities of the parties involved in cases under the POSH Act were protected.

"It is imperative, therefore, to protect the identities of the parties from disclosure, even accidental disclosure, in these proceedings. This is in the interest of both sides. There appear to be no established guidelines so far in such matters," the high court had said.

"This order, setting out a working protocol for future orders, hearings and case file management, is a first endeavour in that direction," it had said.

The guidelines further mandated that all records of such cases will be maintained in sealed envelopes and will not be issued to any person without permission of the court.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)