Objectionable Pictures Annexed With Petitions Invade Parties' Privacy: Bombay HC Advises Advocates To Exercise Caution

A division bench of Justices Revati Mohite Dere and Justice SM Modak imposed cost of Rs. 25, 000 on the petitioner's advocate who had annexed pictures to the petition.

"We expect, all lawyers/Advocates to exercise some discretion and proportion whilst annexing the photographs which are highly objectionable. Annexing such photographs certainly invades upon the privacy of the parties," the bench observed.

It underscored, that "advocates fail to realize that petitions are filed/placed before the Registry and get circulated through various departments, exposing the parties involved in the photographs."

Justice Dere's bench was dealing with a petition filed by a woman under section 482 of the CrPC, seeking to quash a chargesheet against her. "No sense of proportion or discretion is exercised by the learned Counsel whilst annexing the said photographs," the bench observed.

The petitioner was represented by Advocate Anand Pandey instructed by Advocate Ramesh Tripathi while the respondents were represented by APP JP Yagnik and Waqar Pathan. It directed the petitioner's advocate to pay costs to the Kirtikar Law Library.

Following the order, the Advocate's Association of Western India advised Advocates, members, filing clerks not to annex such photographs to petition and instead seek the court's permission to show the pictures to the bench during the hearing.

"It has been noticed by the Hon'ble Court that in number of petitions filed before the Hon'ble Court in connection with offences against ladies, the parties rely upon photographs, video clips, of such victims. The Hon'ble Court also noted that many of these photographs are indecent, obscene and portraying the ladies in bad taste. Such display is not only insulting, humiliating but also disclosing identity of victim. The Hon'ble Court has imposed cost on such parties."

Citation: 2022 LiveLaw (Bom) 378