Are Stray Dogs Roaming In HC Premises Its Residents? Bombay HC Contempt Notice To Lawyer Seeking Designated Location Within HC To Feed Strays

A division bench of Justices Sunil Shukre and M.W. Chandwani passed the order in 2006 ongoing PIL filed by activist Vijay Talewar in which it passed a slew of directions against feeding and caring for stray dogs.

"The request letter of Advocate Ms. Ankita Kamlesh Shah, which has been endorsed to by the Deputy Commissioner, Nagpur Municipal Corporation prima facie appears to be an attempt at pre-empting the issue involved in this Petition with a view to drawing some publicity in the matter, and thus, prima facie, amounts to interference in administration of justice."

The court noted that the letter doesn't mention law "that a right exists in the Nagpur Municipal Corporation to identify High Court premises as a place for feeding dogs" nor was it stated whether strays roaming in High Court premises "have been determined by a competent authority to be the residents of the High Court premises."

Moreover, the court wondered if the Deputy commissioner had made any scientific effort to identify the real area of ordinary residence of these stray dogs. "There is no mention in the letter as to how many such dogs are endemically resident of the premises of the High Court; there is no mention in the letter that the Supreme Court has directed the Nagpur Municipal Corporation to designate High Court," the bench said referring to the Supreme Court decision to set aside a few directions by the High Court.

During the hearing, the High Court Registry placed before the bench a letter received from Deputy Commissioner & Director, Solid Waste Management Department, Municipal Corporation requesting to identify a place to feed stray dogs. The Commissioner had acted on the letter received by Advocate Ankita Kamlesh Shah, intervenor in the petition.

The letter dated December 1, 2012 had been sent by Dr. Gajendra Mahalle, who is the Deputy Commissioner of Nagpur Municipal Corporation, the court noted. "Accordingly, we direct that show-cause notice be issued to Dr. Gajendra Mahalle and also intervenor Advocate Ms. Ankita Kamlesh Shah as to why contempt proceedings be not initiated against them for attempting to interfere with the administration of justice by this Court."

The Supreme Court in November ordered that no coercive steps shall be taken in pursuance of the order of the Bombay High Court (Nagpur Bench) which prohibited the public feeding of street dogs. The Court also stayed the High Court's observation that persons who feed street dogs must adopt them.

Case Title: Vijay S/o Shankarrao Talewar and others VS The State of Maharashtra & others

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