Society vs Dog Feeders: Bombay High Court Issues Contempt Notice To Resident Over Objectionable Letter Against Judges

The Bombay High Court on Friday issued a show-cause notice for criminal contempt of court, to a woman, who circulated a letter making 'objectionable and derogatory' comments against the Supreme Court as well as the HC after it (HC) passed an order against the society for disallowing house help of one of the residents to enter the society, as she fed stray dogs in the premises. 

A division bench of Justices Girish Kulkarni and Advait Sethna had on February 5, ordered the other members of the society's committee to 'apologise from the bottom of their heart and show remorse' after one of the female members of the committee circulated an objectionable letter against the judges and the judiciary, among the members of the society. Notably, another members of the committee had shot an email to the residents commenting on the January 21 order of the bench, but he had apologised on February 4 itself. 

On January 21, the bench had 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 Friday (February 7) when the matter was called out, the committee filed an affidavit tendering an unconditional apology to the judges for the email circulated by one of its members - Alok Agarwal and the contemptuous letter by Vineeta Srinandan. However, the judges found it was not up to the mark since it did not reflect 'remorse' and also it did not spell out specifically if the entire committee comprising of 24 members, supported what Srinandan stated in her letter. 

"This is not the manner in which an affidavit in such a serious matter is drafted. This is nothing but a casual affidavit. We cannot accept it," Justice Sethna told the counsel for the committee. 

The bench made it clear that if the affidavit is not rectified, it will not hesitate to initiate contempt proceedings against all the members of the society. 

During the hearing, Srinandan was present in the court and kept apologising to the bench for her conduct, however, the bench refused to accept her 'sorry' stating, "You are an educated person and you are very well aware about what you have written in that letter. Do you have an authority to rubbish orders of any court, just because you are a citizen of this country. Look at your letter, how can you say that democracy is being crushed by judicial system...On a small issue of feeding dogs, you are questioning the judicial system... This is your audacity? We cannot overlook whatever you have said ... We will be framing a charge against you..."

The bench noted that the society comprises of more than 1,500 flats and thus, said that Srinandan was only trying to form a particular perception for the judiciary by lowering its dignity.

"We are not going to tolerate any citizen making such reckless allegations against the institution... Every time a sorry cannot be accepted .. she knows what she's written... She's was conscious when she wrote all this derogatory material. Such people are required to be dealt with by law and thus we will issue a notice to her... In my 35 years of legal career, I haven't come across such a learned person making such serious allegations against the court," remarked a visibly enraged Justice Kulkarni. 

The bench in its order stated that it does not have the slightest of doubt that looking at the manner and language of the letters that undermines the dignity of the court and interferes in the administration of justice and therefore, it issued a show cause notice under contempt of court to Srinandan calling her upon to show cause as to why she should not be punished for criminal contempt of court.

"The uneducated people have the highest regards for this Court but the new build is that educated people think they can go on and tarnish this court's dignity just because they are educated. We need to send a strong message to the society," Justice Kulkarni observed. 

The bench has also ordered Srinandan not to leave Maharashtra till she responds to the show cause notice. A directive has been issued to the Commissioner of Police, Navi Mumbai to ensure that this particular direction is enforced strictly. It however, permitted Srinandan to visit her ailing parents in Kerala and has asked her to share her travel details with the police. 

Meanwhile, the resident, who feeds street dogs in the society, told the bench that her house help is still being stopped from entering the society premises, to which the society committee members present in the court, including Srinandan told the judges that the house help has not filled in the mandatory form for the entry pass (for entering the premises).

Irked over this, the judges said, "This woman is permitted to enter the society premises by our orders. Who are you to super impose a condition on our order? Let us know by next date if she is stopped again, we will not spare any of these committee members."

The resident further told the judges that she has filed a comprehensive petition highlighting all the authorities including police and the civic body are failing to protect the rights of the animals. 

"When my client was mobbed by the other residents for feeding dogs and she called the police, they did not protect her but instead questioned her what she was doing on the streets in the night hours? This is the situation," the resident's counsel told the judges. 

The bench, therefore, asked Assistant Government Pleader Manish Pabale to take instructions on this point from the Commissioner of Police, Navi Mumbai and clarify the police's stand on this issue.