"Apologise From Bottom Of Your Heart Or Face Contempt Action": Bombay High Court To Society For Disobeying Order On Feeding Stray Dogs

The Bombay High Court on Wednesday ordered the Navi Mumbai society to 'show remorse and repentance' and apologise to the court 'from the bottom of their heart' for disobeying the court's January 21 order asking the society not to restrain the house help of one of the residents, just because she feeds stray dogs on the society premises. Notably, the division bench of Justices Girish Kulkarni and Advait Sethna had on January 21, 2025 ordered the society not to prevent the house help of a woman (resident of the society) from entering the society premises and assisting the resident, because she (the resident) feeds stray dogs. The judges had said that the housing society, by restraining the woman's house help and other staff from entering the premises, was only breaching her fundamental rights.On February 4, the bench was informed that one of the members of the Society's Committee had issued a circular using derogatory language for the High Court and even for the Supreme Court and making other unwarranted comments on the judges of both the institutions. "We have no manner of doubt that contempt proceedings are required to be initiated for such conscious and brazen derogatory and objectionable contents of the said communications. We would have intended to immediately commence criminal contempt proceedings as the law would mandate against Vineeta Srinandan, considering the impurity and tenor of her writings, however, as we are informed that she is at present out of India in Abu Dhabi, we are unable to proceed against her. An intimation be given by the society of her return," the judges recorded in the order passed on February 4. On the same day, the bench had noted that one of the authorised members of the society - Alok Agarwal, who was present in the court, too had shot an 'objectionable' mail to the residents of the society. However, upon being confronted, Agarwal tendered an 'unconditional apology' and undertook to withdraw all these emails and circulars, immediately, therefore, the judges ordered him to issue 'clarificatory' circulars and circulate about the unconditional apology to the members of the society and publish the same even on the society's notice board. The bench while reserving its orders against Srinandan, for her contemptuous conduct, ordered Agarwal to clarify if all the members of the society's committee were consulted by him before issuing the derogatory circular and emails. The bench had asked him to place on record that the other members of the committee do not support what Srinandan had circulated.However, on Wednesday, when the matter was called out, Agarwal furnished a document, which he said was an affidavit on behalf of the committee members, including Srinandan. At this, Justice Kulkarni questioned how Srinandan could be asked to sign this document since she is presently in Abu Dhabi. "Our earlier order is clear. We have reserved our separate order against her. This affidavit was supposed to be of the rest of the committee members. Also, we do not see any remorse on your part. There is no repentance. Your affidavit must express remorse and repentance. You must say a sorry from the bottom of your heart for undermining the dignity of this august institution," Justice Kulkarni told Agarwal. The judges, further noted that the document styled as an affidavit, was nothing but a letter of the society (on the society's official letterhead). To this, Agarwal said he being the member of the committees legal cell, drafted this letter since the society's advocates on record, have refused to represent the society in view of the contemptuous communications, which surfaced during the February 4 hearing.Without mincing words, Justice Kulkarni remarked, "These are advocates, who are officers of this court first and then the advocates of their clients. They have backed out just because you targeted this institution. They will always stand for this institution, which is a temple of justice. And there is no place for people like you to stand in this temple of justice. In fact, the right place for people like you is the jail."The bench therefore, gave a last chance for the society's committee members to file a proper affidavit by Friday else it has made it clear to Agarwal that it will initiate contempt of court proceedings against all the members of the society's committee. Click Here To Read/Download Order Of Feb 4

"Apologise From Bottom Of Your Heart Or Face Contempt Action": Bombay High Court To Society For Disobeying Order On Feeding Stray Dogs

Narsi Benwal

Tags