Published On : Thu, Dec 8th, 2022
By Nagpur Today Nagpur News

Nagpur HC raps NMC, animal activist for seeking dog feeding spots in court premises

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Nagpur: Coming down heavily on animal rights activist Ankita Shah and NMC’s Veterinary Doctor Gajendra Mahalle, the Nagpur Bench of Bombay High Court on Wednesday issued show-cause notices asking why contempt proceedings should not be initiated against them.

A division bench comprising Justice Sunil Shukre and Justice Manohar Chandwani rapped Shah and Dr Mahalle for indulging in a publicity stunt by seeking a designated place in High Court premises for feeding stray dogs.

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The bench was hearing a petition filed in 2006 by social worker Vijay Talewar on stray dog menace, which has been converted into PIL. Shah, herself a lawyer, has also filed an intervention through counsel Sundeep Badana and another one is filed by Federation of Indian Animal Protection Organization.

Shah, who is a party in the PIL, had written a letter to Dr Mahalle. In the letter, Shah had asked Dr Mahalle to designate a spot in the High Court premises for feeding stray dogs as it is her fundamental and religious duty. Acting on the letter, Mahalle had written a letter to the Registrar of the High Court asking the latter to provide a spot for dog feeding. In fact, after issuance of such letters, Shah had issued press statements narrating the contents of her letter.

While taking cognisance of the two letters, the Division Bench observed that both Shah and Dr Mahalle have acted in a contemptuous manner and it is nothing less than a publicity stunt. It was further observed that the Maharashtra Municipal Corporations Act does not empower the NMC to designate a spot for feeding of stray dogs in the Court’s premises as was demanded by Shah. Therefore, the Court has issued show cause notices against both Dr Mahalle and Shah, asking as to why contempt action should not be taken against them.

Although Shah is a party to the PILs who had intervened in the cases, the Court said, giving such statements in the media amounts to obstruction of administration of justice directed that Dr Mahalle be made a party to the PILs in his personal capacity to answer the Court about his conduct.

The judges pointed out that Shah had written a letter to Dr Mahalle, who is also Deputy Commissioner for Solid Waste Management of Nagpur Municipal Corporation (NMC), wherein she asked him to authorise feeding of stray dogs on the HC’s premises. Shah mentioned that NMC should designate spots on HC campus for the purpose.

“Our prima facie view is that both Shah and Dr Mahalle have acted in a contemptuous manner, and it is nothing less than a publicity stunt. The Maharashtra Municipal Corporations (MMC) Act does not empower the civic body to designate a spot for feeding of stray dogs on court campus,” the judges orally said.

Adding that animal rights activists would demand similar feeding spots for strays at airports and other military installations, the judges said Shah issuing statements in the media amounts to obstruction of administration of justice.

Adv Ashwin Deshpande, appearing for Dhantoli Nagrik Mandal, had pointed out that Dr Mahalle is acting under the pressure and influence of such activists to which the counsel for NMC had to concede. Adv Firdos Mirza appeared for the petitioners, Adv Ashwin Deshpande and Adv Aradhya Pande appeared for Dhantoli Nagrik Mandal, Adv Sudhir Puranik appeared for the NMC, Adv D P Thakre appeared for the State.

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