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HC impose ₹25k penalty on lawyers for attaching objectionable pics of client
Mumbai The Bombay high court imposed a penalty of ₹25,000 on an advocate for attaching objectionable photographs of his client to a petition
Mumbai The Bombay high court imposed a penalty of ₹25,000 on an advocate for attaching objectionable photographs of his client to a petition. The HC said that the petition would go to various parties involved in the case and therefore the advocate was expected to protect the privacy of his client, but failed to do so and therefore would have to pay the cost.
In view of the order, the Advocates Association of Western India (AAWI) issued a circular, asking its members to refrain from attaching objectionable and obscene photographs of their clients to petitions. If it is necessary, they should submit such photographs directly to the court at the time of the hearing.
The division bench of justice Revati Mohite Dere and justice S M Modak, while hearing a petition of a woman through advocates Anand Pandey and Ramesh Tripathi noted that while it was going through the petition it came across objectionable photographs attached to the petition.
“No sense of proportion or discretion is exercised by the learned counsel whilst annexing the said photographs. Advocates fail to realize that these petitions are filed / placed before the Registry and get circulated through various departments, exposing the parties involved in the photographs,” the bench noted.
Stating that it expected advocates to exercise discretion while attaching such photographs, the bench said, “Annexing such photographs certainly invades upon the privacy of the parties and as such, we direct the learned counsel for the petitioner, to forthwith remove the said photographs.”
The bench then directed the advocate to deposit ₹25,000 as cost with Kirtikar Law Library within two weeks and adjourned hearing of the petition to October 21.
Following the order, the AAWI issued a circular, intimating all its advocate members to refrain from attaching objectionable and obscene photographs to petitions and other pleadings.
The circular signed by AAWI secretary Kuldeep Patil said, “It has been noticed by the Court that in number of petitions filed before it in connection with offences against women, the parties rely upon photographs, video clips, of such victims. The Court also noted that many of these photographs are indecent, obscene and portray the women in bad taste. Such a display is not only insulting and humiliating but also disclosing the identity of the victim. The Court has imposed costs on such parties.”
It further advised members and filing clerks to refrain from attaching such photographs to the petition and if some photos are required to be shown to the court, should do so after seeking permission of the Court, when the petition comes up for hearing.
