23-04-2025
‘Derogatory' circular against judiciary: Bombay HC orders 1 week in jail for Navi Mumbai housing society functionary
The Bombay High Court Wednesday sentenced a member of the managing committee of a Navi Mumbai housing society to one-week simple imprisonment and fined her Rs 2,000 for criminal contempt of the court.
However, on the request made by the woman's lawyer, the high court stayed operation of its order and suspended her sentence for 10 days to enable her to appeal against it.
The court convicted Vineeta Srinandan, the cultural director of Seawoods Estates Limited (SEL), for using 'derogatory' language against the judiciary in a circular disobeying its order related to a dispute between the society and a resident over the feeding of stray dogs. SEL manages a residential complex consisting of more than 1,500 flats.
Pronouncing the order, the court said it will not accept 'crocodile tears' by Srinandan along with 'routine sorry mantra' or 'apology' purportedly being tendered by the contemnor. The society was accused of not allowing one of its members to feed stray dogs and not permitting her maid to enter the society.
On January 21, the high court passed an order on an interim application filed by one Leela Verma, who claimed that SEL and its managing committee members were restraining her domestic help from entering her house in the society or premise because she was feeding dogs, rendering her without any assistance in most difficult times and causing harassment.
The high court then directed the housing society not to prevent domestic help from visiting her only because she was feeding dogs in the society's premises. It said that by doing so, the society was breaching her fundamental rights.
Srinandan subsequently issued the circular/communication using 'derogatory' language against the judiciary. Srinandan and her authorised representative Alok Agarwal authored the circular.
In February, the high court issued a show-cause notice as to why contempt action should not be taken against Srinandan. A bench of Justices Girish S Kulkarni and Advait M Sethna said contempt proceedings were required to be initiated for 'brazen and derogatory' comments against the judicial system in the circular, as the language in the communication 'lowers dignity of the court and also interferes in administration of justice'.
The court then asked the managing committee of the society/board of directors (BoD) of the firm managing the society to pass a resolution expressing regret and remorse for the action by Srinandan along with 'impunity and tenor' in her writings.
The high court on Wednesday held that her communication showed 'clear disregard' to its January 21 order and a remark such as calling the court 'dog mafia' was not expected from an educated person.
'In our clear opinion, the contemnor has taken all the opportunities even to justify on merits the circumstances under which, she has issued such objectionable writing and at the same time, has recited the apology mantra. We do not accept any apology, which does not show any contrition or any genuine remorse. Such apology in our opinion, is merely a weapon in defence with an impression that the contemnor can get away by such recitals,' the bench noted in the order.
It added, 'Thus, such conduct of the contemnor cannot escape punishment, being a consequence of her severe contumacious acts of making scurrilous and scandalizing remarks against the Courts and the Judges. We are of the clear opinion that the contemnor is guilty of having committed criminal contempt of Court and accordingly, deserves maximum punishment to be awarded. The iron hands of law apply equally irrespective of the category of the contemnors. However, in the facts and circumstances of the case, we intend to impose a lesser punishment.'
