Observing that “no sense of proportion or discretion” was exercised by an advocate, the Bombay high Court imposed a fine of Rs 25,000 on an advocate for submitting objectionable photographs with a petition seeking quashing of a rape case against a man.
A division bench of Justices Revati Mohite-Dere and S M Modak had imposed a cost of Rs 25,000 on an advocate on October 7 for submitting objectionable photographs with a petition seeking quashing of a chargesheet. “No sense of proportion or discretion is exercised by the learned Counsel whilst annexing the said photographs,” observed the HC while imposing the cost.
The HC was hearing a petition filed by a woman giving her consent to quashing of the case against a man, with whom she had relationship. The chargesheet was also filed in the case, which was sought to be quashed.
“Advocates fail to realise that these petitions are filed/placed before the Registry and get circulated through various departments, exposing the parties involved in the photographs,” the court said.
It further noted that annexing such photographs was an invasion of privacy of the parties and directed the advocate to forthwith remove the same from the petition copy.
"We expect all advocates to exercise some discretion and proportion whilst annexing photographs which are highly objectionable," the court said.
The HC has also asked the advocate to remove the photographs from the petition copies, which are submitted to the court, the prosecutor’s office and the advocates of the respondents.
The HC said: “For the said conduct of the advocate, we direct the advocate to deposit costs of Rs 25,000 with the Kiritikar Law Library within two weeks.”
An advisory was issued by the Advocates Association of Western India (AAWI) asking its members to desist from attaching such photographs with the petition copy. The advisory said that, the high court, in number of petitions in connection with offences against ladies has deprecated the practice of petitioner relying 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, it added.
“They may seek leave to produce such material (photographs/ video clips) before the Hon'ble Court, with the permission of the Court, at the time of hearing of the petition,” said notice issued by AAWI secretary Kuldeep Patil.
