IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S. KULKARNI, ADVAIT M. SETHNA, JJ.
High Court of Judicature at Bombay on its Own Motion - Appellant
Versus
Vineeta Srinandan - Respondent
Suo Motu Criminal Contempt Petition No. 2 of 2025
Decided On : 23-04-2025
(A) Contempt of Courts Act, 1971 - Section 2(c) - Criminal contempt proceedings initiated against the contemnor for issuing derogatory material that scandalizes the court and interferes with justice administration - The publication contained serious allegations against the judiciary, undermining its authority. (Paras 1, 3, 11, 25)
(B) The court emphasized that the dignity of the judiciary must be upheld and that contemptuous behavior cannot be tolerated. (Paras 10, 12)
Facts of the case:
The contemnor issued a circular that made serious insinuations against the judiciary, claiming a 'dog mafia' influenced judicial decisions. The court found this material to be contemptuous.
Findings of Court:
The contemnor was found guilty of criminal contempt and sentenced to one week of simple imprisonment and a fine of Rs. 2,000.
Issues: The main issues included whether the contemnor's actions constituted criminal contempt and the appropriate punishment.
Ratio Decidendi: The court ruled that the publication scandalized the court and interfered with justice, warranting contempt proceedings.
Result: The contemnor was sentenced to one week of imprisonment and fined Rs. 2,000.
JUDGMENT :
G.S. Kulkarni, J.
1. This suo motu criminal contempt proceeding is initiated against the contemnor for having issued written material of the nature, which scandalizes and lowers the dignity and authority of the Court, as also interferes in the administration of justice.
2. Briefly the facts are: In the proceedings of Writ Petition [Writ Petition No. 11652 of 2023 (Seawoods Estates Ltd. & Ors. Vs. Union of India & Ors.)] filed by the petitioner - Seawoods Limited (for short "Seawoods"), which inter alia challenges Rule 20 of the Animal Birth Control Rules, 2023, in the context of stray dogs, an Intervention Application was moved by Ms. Leela Verma, being aggrieved by some serious actions of Seawoods affecting her basic human rights. In the proceedings of such application, she placed on record an affidavit pointing out objectionable materials issued by the contemnor, namely, a publication/circular dated 29 January 2025 circulated by the contemnor in the residential colony of the petitioner, having a large occupation of about 1500 families. By such circular, the contemnor has made serious insinuations against the High Court and the Supreme Court Judges. In such circular, the objectionable contents which we have emphasized reads thus:
“SEL/CLR/31/6558/2025
29th Jan. 2025
How Democracy is being crushed by Judicial System?
The entire country has a stray dog menace, and most of the urban residential societies in class A cities are struggling to fight this dog feeder’s mafia spread across the country. This is such a huge well-established network of trained professionals who have a very strong presence in the Judicial system too.
So much so that if affected societies want to show videos or photos of the dog attacks, show information of fake cases filed by dog feeders, or show videos showing training of feeders where they are training their female members to file fake molestation cases against people who stop their illegal activities of feeding pack of strays in areas close to houses of other people, then Judges don’t want to see them and completely avoid taking cognizance of such material. In one case, where we had shown the video of a Dog attack on a small girl in front of building 11 to the Hon’ble Bombay High Court made fun of it and outrightly rejected it by saying that the dog wanted to play with that girl.
Now we are convinced that there is a big Dog mafia operating in the country, who has a list of High Court and Supreme Court judges having views similar to the dog feeders.
No matter how many people are dying or attacked in the country every year but most of the high court/supreme court orders will defend dog feeders ignoring the value of human life.
…….
…….
2. Despite the latest status being on record, the Hon’ble Court insisted on implementing the 20th March 2023 order on us which is meant for community animals (which are born inside) and we do not have any community animals at all. Still, Justice wants to impose this illegal order on us by using his power on the NMMC officer and the police.
For, SEAWOODS Estates Limited
SD/-
Vineeta Srinandan
Director Cultural.
(Emphasis supplied)
3. Such material was highly derogatory, objectionable and would scandalize the Court amounting to Criminal Contempt within the meaning of Section 2(c) of the Contempt of Courts Act, 1971. In these circumstances, this Court on 4 February 2025 passed an order making the following relevant observations :
“1. Today Ms. Sonawane, learned Counsel for the added respondent Mrs. Leela Verma has placed on record an affidavit. At the outset, she submits that there are communications addressed by one Mrs. Vineeta Srinandan, Cultural Director of the petitioner, which she has reservations to read in the open Court considering the contents of the same being highly derogatory nature and completely undermining the esteem dignity of the Court. We are disturbed by the documents placed on record on behalf of the Mrs. Leela Verma - the added respondent in the proceedings, and mo
The publication by the contemnor constituted criminal contempt by scandalizing the court and interfering with the administration of justice, warranting punishment under the Contempt of Courts Act.
Statements made in good faith about a judicial officer do not constitute criminal contempt, promoting open dialogue and criticism within the justice system.
Statements undermining the judiciary and attributing improper motives to judges constitute criminal contempt under the Contempt of Courts Act, warranting strict action to uphold judicial authority.
Statements that are scurrilous, offensive, and malicious, and are intended to scandalize the court and lower its authority, amount to contempt of court and are not protected by the freedom of speech ....
Attempt to scandalize or lower authority of Court falls under definition of ‘criminal contempt’.
Allegations undermining judicial authority and disrupting court proceedings constitute criminal contempt under the Contempt of Courts Act, 1971.
The court affirmed its power to take suo motu action in instances of criminal contempt that undermine judicial authority, irrespective of the Advocate General's opinion.
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