Bombay High Court
Manoj Jalamchand Oswal vs The State Of Maharashtra And Ors on 6 October, 2015
Bench: A.S. Oka
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7910 OF 2011
Ms. Pronoti Vyas
RIo 66, Bhilar Estate, Near Hill Range
School, Bhilar, Panchgani,
Dist. Satara. ... Petitioner
v/s
1. State of Maharashtra,
through Office of the Public
Prosecutor, High Court,
Mumbai.
2. The Commissioner of
Police, Having its office at
Pune.
3. Commissioner for Persons with
Disabilities Office at Commissionerate
for Persons with Disabilities, 3 Church
Road, Pune.
4. Animal Welfare Board of India
(AWBI), Ministry of Environment &
Forest, Government of India,
Post Box No.8672, 13/1,
Third Seaward Road, Valmiki Nagar,
Thiruvaniyur, Chennai-600 041.
5. Committee to Monitor Animal
Welfare Laws appointed by Mumbai
High Court,19th floor, New Administrative
Building, Madam Cama Road, Mumbai.
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6. Sunil V. Kadam, Advocate
Office No.6, 1st flr., Kunal Complex,
Shivaji Nagar, Pune - 5.
7. Sakal Papers Pvt.Ltd .,
Polot No.27, Narveer Tanajiwadi,
Pune - 6. ... Respondents
ALONG WITH
CIVIL APPLICATION N0.2599 of 2013
IN
CIVIL WRIT PETITION NO. 7910 OF 2011
Miss Pronoti Vyas ... Applicant
v/s
State of Maharashtra, through
Office of the Public Prosecutor and ors. ... Respondents
ALONG WITH
CIVIL APPLICATION N0.2057 OF 2013
IN
CIVIL WRIT PETITION NO. 7910 OF 2011
People for Animals, through
Chairperson, Smt. Maneka Gandhi ... Applicant
v/s
Miss Pronoti Vyas ... Respondent
ALONG WITH
CIVIL APPLI CATION N0.2059 OF 2013
IN
CIVIL WRIT PETITION NO. 7910 OF 2011
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Animal Welfare Board of India Miss Pronoti Vyas
v/s
... Applicant ... Respondent
ALONG WITH
CIVIL APPLICATION (ST) N0.7502 OF 2015
IN
CIVIL WRIT PETITION NO. 7910 OF 2011
People for Animals ... Applicant
In the matter between -
Ms.Pronoti Vyas ig ... Petitioner
v/s
State of Maharashtra & ors. ... Respondents
ALONG WITH
CIVIL APPLICATION N0.1723 OF 2015
IN
CIVIL WRIT PETITION NO. 7910 OF 2011
Claude Lila Parulekar ... Applicant
In the matter between -
Miss Pronoti Vyas ... Petitioner
v/s
State of Maharashtra & ors. ... Respondents
Mr.P.M. Havnur along with Ms.Najafiya Shroff for the petitioner
and for the applicant in CA No.2599 of 2012.
Mr.Aditya Gore along with Varad Deare i/by Kulkarni &
Associates for the applicant in CA Nos.2057 of 2013 and CA
(st) No.7502 of 2015.
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Mr.Manoj Jalamchand Oswal - representative of applicant in
CA No.1723 of 2015.
Ms.Mandakini D.S. Sinh for the applicant in CA No.2059 of
2013 and for Resp. No.4 in W.P. No.7910 of 2011.
Mr.Birendra Saraf along with Rohan Savant, Ms.Neha Prashant
and Ms.Cheryl Fernandes i/by ALMT Legal for Resp. No.7.
Mr.Ashok B. Tajane for Resp. No.8.
Mr.V.P. Sawant along with Mr.Prabhakar M. Jadhav for Resp. No.6.
ALONG WITH
CRIMINAL WRIT PETITION NO. 3931 OF 2012
Manoj J. Oswal
Business & Animal Welfare Officer,
149, Bhawani Peth, Pune - 411 002. ... Petitioner
v/s
1. The State of Maharashtra,
through the Principal Secretary,
Department of Home,
Govt. of Maharashtra, Mumbai.
2. The Commissioner of
Police, Church Road, Pune - 411 001.
3. The Senior Police Inspector,
Koregaon Park Police Station,
Koregaon Park, Pune - 411 001.
4. Pratap Govindrao Pawar,
Chairman, Sakal Papers Pvt. L Ltd.,
595, Budhwar Peth, Pune - 411 001.
5. Abhijit Pratap Pawar,
Managing Director, Sakal Papers P. Ltd.,
595, BudhwarPeth, Pune - 411001.
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6. Ex-Servicemen Multiple Services
& Consultants, Mini Commercial Complex,
MHB. Opp. Tridal Nagar,
Yerwada, Pune - 411006.
7. Sunil V. Kadam,
422/1, Kunal Complex,
Hotel Shailaja Lane, J.M. Road,
Shivaji Nagar, Pune - 411005. ... Respondents
ALONG WITH
CRIMINAL APPLICATION NO. 122 of 2015
WITH
CRIMINAL APPLICA TION NO. 241 of 2014
WITH
CRIMINAL APPLICATION NO. 113 of 2015
IN
CRIMINAL WRIT PETITION NO. 3931 OF 2012
Manoj Jalamchand Oswal ... Petitioner and
applicant in all
applications.
v/s
The State of Maharashtra & ors. ... Respondents
Mr.Manoj Jalamchand Oswal - Petitioner and applicant in
person.
Mrs.P.P. Shinde, A.P.P. for Resp. Nos.l to 3.
Mr.Birendra Saraf along with Mr.Rohan Savant, Ms.Neha
Prashant and Ms.Cheryl Fernandes i/by ALMT Legal for Resp.
Nos.4 and 5.
Mr.V.P. Sawant along with P.M. Jadhav for Resp. No.7.
CORAM : A.S. OKA &
N.M. JAMDAR, JJ.
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JUDGMENT RESERVED ON : 3 JULY 2015
JUDGMENT DELIVERED ON: 6 OCTOBER 2015
JUDGMENT (Per N.M . Jamdar, J.):
These two writ petitions, one civil and one criminal,
along with the applications, are about Ms.Cluade Lila
Parulekar. The petitions and applications are placed before us
by an administrative direction of the learned Chief Justice.
They have been heard together and are being disposed of by
this common judgment.
2. Central figure in all these matters is Ms.Claude Lila
Parulekar (Ms.Lila). Ms.Lila lives in her bungalow at 4-A,
Queen's Garden, Pune. She is now around 80 years old and she
is seriously ill. She is not able to move on her own and she is
confined to bed. She is unmarried, has no siblings or legal
heirs. Lila is the daughter of late Nanasaheb Bhikaji Parulekar
and his french wife Shanta Geneievene Pommerete Parulekar.
Late Shri Parulekar was the founder and Managing Director of
Sakal Papers Limited. In the year 1933, Nanasaheb and Shanta
started newspapers 'Sakal'. Nanasaheb expired in 1973.
Thereafter, Shanta also passed away. Ms.Lila had substantial
numbers of shares in the Sakal Group of Papers. Lila and the
management of Sakal newspapers had a legal dispute regarding
the shares which went on for several years. Lila also owns large
number of properties at Pune and Mahabaleshwar, and resides in
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a bungalow in one of the prime areas of Pune. Ms.Lila is in an
unfortunate situation. She is in possession of very valuable and
lucrative properties. She is in a serious medical condition. She
has no relatives to take care of her. Ms.Lila has an animal shelter
in the premises, and the animals need to be looked after.
3. Civil Writ Petition No.7910 of 2011, filed by Ms.Vyas
first came up on board some time in September 2011 and
thereafter the Criminal Writ Petition No.3931 of 2012 by
Mr.Oswal some time in November 2012. Various orders have
been passed in these petitions and the applications from time to
time. By a detailed order passed on 17 January 2014, a Trust
consisting of a retired Judge of this High Court, an eminent
psychiatrist was constituted. Many of the issues pertaining to
welfare of Ms. Lila, which existed at the beginning of the
hearing have now been resolved. The orders and the directions
issued are adverted to hereinafter so as to indicate the area of
adjudication that remains, and is decided by the final order.
CIVIL WRIT PETITION NO.7910 OF 2011:
4. Civil Writ Petition No.7910 of 2011 is filed by
Ms.Pronoti Vyas. She has described herself as a Food
Technologist by profession. She says that she is working for
welfare of animals for several years. She knows Ms.Lila, since
Ms.Lila was also working in the field of animal welfare. She
has filed this petition to protect the interest of Ms. Lila and the
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animals in the shelter run by her. According to Miss Vyas, the
medical condition of Ms.Lila is precarious and taking
advantage of her helpless condition, her shares in Sakal
Newspapers have been systematically usurped. Ms.Vyas
contends that Ms.Lila also holds various properties in
Mahabaleshwar, Satara, Wani and Pune, considerable bank
balance and other investment which she has inherited. She
has asserted that Ms.Lila is virtually held captive in her
bungalow and no one is allowed to visit her and employees of
Sakal newspaper are managing her affairs. According to Ms.
Vyas, certain people in Sakal newspaper are after her property,
having already deprived her of her shareholding in the said
Company. She has accordingly prayed for a direction to the
Commissioner to take steps to protect Ms.Lila, under the Persons
with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995, and to ensure that Ms.Lila secures
her shares in Sakal Company and retains and regains her
interest in the immovable properties. Ms.Vyas has also prayed
that criminal proceedings be initiated against all those persons
who have been acting detrimental to Lila's interest. Various
other directions are also sought in respect of the Animal
Shelter.
5. Civil Application No.2057 of 2013 is filed by People for
Animals seeking intervention. According to the Applicant, it is
an Non-Governmental Organization working for welfare of
animals rights. Its Chairperson is Ms.Maneka Gandhi, who has
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been a Member of Parliament and former Minister of
Environment and Forest. The applicant has prayed that, it may
be permitted to intervene during the hearing of the petitions
and has sought directions in respect of animal shelters, about
infrastructure, appointment of personnel, maintaining hygienic
enclosures, etc.
6. Civil Application No.2059 of 2013 is filed by Animal
Welfare Board of India. According to the Applicant, it is
established under Section 4 of Prevention of Cruelty to Animals
Act, 1960 and its members are nominated by the Government
of India and it is their duty to ensure that the cruelty to
animals is prevented. This applicant has sought permission to
allow the Applicant to manage and run the Jeevraksha Animal
Shelter and for that purpose permit the Applicant's officers and
others to ensure the upkeep and maintenance of the animals.
7. Civil Application No.2599 of 2013 is taken out on 3
September 2012 by the petitioner Miss Pranoti Vyas for urgent
ad interim reliefs, primarily in respect of the animals in the
Animal Shelter.
8. Civil Application (St) No.7502 of 2015 is filed by People
for Animals . It states that the application filed by Ms.Maneka
Gandhi, Chairman for the People for Animals is already on
file. The application states that by the order passed on 17
January 2014 the Court had directed that the question of
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welfare of animals in the Shelter site be decided by the Trust
and the Trust should keep in mind that if it selects any
N.G.O., it should not be connected with the litigation. The
applicant states that the People for Animals should be
considered as an independent N.G.0. and it being a statutory
authority, be permitted to take all the necessary steps in
respect of the Animals Shelter.
9. Civil Application No.1723 of 2015 is filed by Mr.Manoj
Oswal for seeking an appointment as a next friend of Ms.Lila to
defend her as Respondent No.9 in the petition.
CRIMINAL WRIT PETITION N0.3931OF 2012:
10. Criminal Writ Petition No .3931 of 2012 is filed by
Manoj Jalamchand Oswal. Mr.Oswal has made the State of
Maharashtra, Police Authorities, Mr.Pratap G. Pawar-Chairman
of Sakal Papers, Abhijit P. Pawar, Managing Director of Sakal
and Mr.Sunil Kadam,Advocate as party respondents. Mr.Oswal
inter-alia has prayed: writ of habeas corpus directing the
Respondents to produce Lila before the Court; Lila should be
given protection under Section 25 of the Mental Health Act;
and Criminal proceedings be initiated against Respondent
Nos.4 and 7. Mr.Oswal has stated that he is Animal Welfare
Officer of the Animal Welfare Board of India, and he also
owns a well established software firm and is also a
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consultant to several IT companies. He has stated that he
regarded Ms.Lila as a mentor. A grievance is made that the
Chairman and the Managing Directors of the Sakal newspapers
are using their political clout to take over the property of Lila.
According to Mr.Oswal, M s . Lila owns immovable properties
and shares worth approximately 620-650 crores. Mr.Oswal
has alleged that the respondents have detained Ms . Lila and
are not allowing any person to visit her, they are not taking
care of her health, visitors are restrained from meeting Lila.
Mr.Oswal has come to this Court complaining that the
respondents are trying to force Lila to sign deeds and papers
for transfer of her properties illegally. According to him,
physical health of Lila is precarious . In this petition, an
affidavit has been filed by the Senior Inspector of
Police attached to Koregaon Park Police Station, Pune. The
Inspector has stated that Lila is neither confined nor held
captive. He has stated that there is no restriction of any kind
from any of the office bearers of Sakal Papers Pvt. Ltd. and no
one is prohibited to meet Lila. The Inspector of Police has stated
that Lila does not want Mr.Oswal to represent her in any legal
proceedings. Other Respondents have also filed their affidavits.
11. Mr.Oswal has prayed that writ of habeas corpus be issued
directing the respondents to produce Ms.Lila in the Court. He
has also prayed that order be passed giving protection to Lila
under Section 25 of Mental Health Act, action be initiated
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against the respondent Pawar Group and investigation be
handed over to C.B.I. or C.I.D. He has also sought direction in
respect of medical treatment of Ms.Lila and appointment of
officer to take control of bank account of Ms.Lila.
12. Criminal Application No.122 of 2015 is taken out by
Mr.Oswal for various directions regarding medical examination
of Ms.Lila, implementation of orders of the Apex Court, direction
to respondent Pawar Group to withdraw themselves from affairs
of Ms.Lila, provision for payment to take care of Animals,
provision for payment of other amounts, permission to make
good the shortfall of money and a direction for investigation.
13. Criminal Application No.241 of 2014 is filed by Mr.Oswal
for a direction against the guards appointed by Sakal papers
that they should not obstruct the persons working for welfare
of Lila and other animals.
14. Criminal Application No.113 of 2015 is also filed by
Mr.Oswal seeking modifications of the earlier orders restraining
respondents from disposing of the animals, properties of Lila
not to be transferred, trustees to hold meetings, etc.
ORDER DATED 17 JANUARY 2014:
15. This Court, from the year 2012 to 2015, spent
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substantial amount of judicial time issuing various directions.
The matter was heard over various dates by our Bench which
was formed especially to hear this group of matters and we
have given anxious consideration to various aspects of the
case. Having found that none of the parties before us could be
trusted to take care of Ms.Lila and the animals, we have
formulated a Trust of eminent persons and gave directions to
ensure that arrangements are made for the welfare of Lila
and the animals in her shelter.
16.
A detailed order came to be passed on 17 January
2014 in these two writ petitions. By that order, we disposed of
Writ Petition No.8617 of 2013 filed by Mr.Manoj Oswal
challenging the order passed by the Civil Judge, Senior
Division, Pune. We confirmed the order of the learned Civil
Judge rejecting the application of Mr. Oswal to act on behalf
of Ms.Lila as her next friend . We concurred with the opinion
of the learned Civil Judge that Mr.Oswal was not suitable to be
appointed as guardian ad litem of Ms.Lila. After hearing the
parties at length, we formulated a Trust with following
observations :
"12. Now we propose to deal with the Writ Petition
Nos. 86 17 of 2013 and 3931 of 2012 and the
applications. The facts in these petitions and
applications have already been narrated above. The
petitions and applications were heard from time to
time. Various orders came to be passed. However in
spite of giving opportunities to the intervenors to file
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substantive petitions to espouse the cause of animals
in the Shelter, none of the intervenors have chosen
to file substantive petitions. There exist serious
hostility amongst the parties. Each person is claiming
to be acting in the best interest of Lila. Intervenors
have made submissions as regards animal shelters. In
this atmosphere of serious hostility and distrust it has
become difficult to pass directions to ensure welfare of
Lila and the Animal Shelter. In this background the
suggestion to create an independent trust of eminent
persons was well received by all concerned .
13. The petitions were adjourned from time to time
to enable the parties to give their suggestions as
regards the composition of the trust and functioning of
the trust. The learned counsel for the Directors of Sakal
Newspapers have placed on record a draft Trust deed .
The learned counsel for Mr.Oswal in Writ Petition
No.3931 of 2012 sought to contend that there was an
earlier trust for the same purpose and the same trust be
continued. However, there is no material placed on
record to show that whether this trust continue to exist
or not, and it appears to be defunct. After initial
reservations about formation of a trust, Mr. Oswal and
his counsel fairly agreed that creation of such an
independent trust would be in the interest of Lil a and
the Animal Shelter. This suggestion was accepted by the
counsel appearing for Ms.Vyas as well. The names of
trustees were exchanged. The learned counsel for the
parties agreed upon the names of two trustees. We
indicated that there should be three trustees and one of
the trustees should be one as lady with a
unquestionable standing in the society. unfortunately,
the parties could not agree on the third trustee. They
however agreed that the two trustees selected should
suggest the name of such lady member trustee.
14. The parties have consented for formation of a
trust with Justice J.A. Patil (Retd.) and Dr.Mohan
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Agashe as members of the trust. The parties will
approach these two proposed trustees to obtain their
consents. The learned counsel appearing for Sakal
newspaper submitted that for the time being, an
amount of Rs.1 crore will be deposited for the pur
pose of formation of a trust. This amount will be
deposited in the registry of this Court within two
weeks from today. Thereafter the amount will be
transferred to the account of the trust when it will
be formed. The amount then will be invested in a
fixed deposit and from the interest received therefrom
will be utilized for the expenses of Lila and also of
the the animal shelter. Dr.N.R.Icchaporia has been
treating Lila and we request him to continue with her
treatment. The two trustees that we appoint i.e.
Justice J.A. Patil (Retd.) and Dr.Mohan Agashe will
recommend the third trustee, a lady. The trustees
will also scrutinize the trust deed placed on record
and make their suggestions. The trustees will also
make suggestions as to how they will be able to
function in best possible manner to take care of Lila.
The trustees will also take note of the apprehension
raised by the animal activists group that the animals
in the shelter are being neglected. We request the
trustees to take special interest in the welfare of the
animals in the shelter. We also request the Principal
District Judge, Pune, to depute an officer of the
Court who will act as a co-ordinator/secretary of the
trust to look after routine clerical work.
15. Stand over to 13 February 2014 to enable the
trustees to submit their suggestions so that the formal
Trust Deed can be finalized and further modalities can
be worked out. The respondent no.7 in Writ Petition
No. 7910 of 2011 will supply authenticated copy of this
judgment to the Trustees along with Draft Trust Deed.
The Principal District Judge to act upon authenticated
copy of this order.
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Civil Writ Petition No.8617 of 2013 is disposed off
as stated above."
* * *
ORDER OF THE APEX COURT DATED 1 AUGUST 2014:
17. Mr.Oswal challenged the order dated 17 July 2014 by
way of a Special Leave Petition No. 12872 of 2014 in the Apex
Court. The Apex Court, by order dated 1 August 2014
disposed of the Special Leave Petition, by the following order :
"Delay is condoned .
We have heard learned counsel for the petitioner. We
have carefully perused the impugned order. We feel
that the High Court has passed appropriate order.
We are not inclined to interfere with it.
Learned counsel for the petitioner submits that
certain directions are not yet implemented and
hence he would approach the Trustees appointed by
the High Court. He may do so. We are confident
that the Trustees would look into the matter and
take appropriate steps.
The Special Leave Petition is disposed of in the afore-
stated terms."
The Apex Court not only dismissed the challenge, but also
opined that the order passed on 17 January 2014 was an
appropriate order. The appointment of trustees, in the facts
and circumstances, was approved. Mr.Oswal is permitted to
agitate his grievances before the Trustees.
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18. However, the petitions were not immediately disposed of
after constituting the Trust. To ensure that the Trust becomes
functional, even after constitution of the Trust, we passed
various orders. The directions issued from time to time are as
under:
VARIOUS ORDERS FROM 13 FEBRUARY 2014 TO 8 APRIL 2015:
(a) 1 3
F
ebruary
20 1
4:
Time to deposit the amount of
`1,00,00,000/- for the purpose of the Trust, was extended by a
period of two weeks.
(b) 30 April 2014: It was noted that the order of 17 January
2014 is communicated to Justice Shri J.A. Patil (Retired). The
Principal District Judge, Pune, was directed to depute an
officer of the Court to act as a co-ordinator/secretary of the
Trust to co-ordinate with the Trustees. He was directed to
receive responses and suggestions of Trustees on the draft trust
deed. Pending finalization of trust deed and transfer of the
amount deposited in this Court by respondent No.7,
respondent No. 7 was directed to provide amount required for
maintaining the Animals in the Shelter. The Registrar (Judicial)
was directed to invest the amount deposited by respondent No.
7 in short term fixed deposit.
(c) 1
July
20 1
4:
The Court Manager was deputed by the
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Principal District Judge, Pune, and was directed to visit Ms.
Lila and submit a report as regard her condition and also the
condition of the Animals.
(d) 17 July 2014: The Senior Court Manager, submitted a
report on 15 July 2014 and the matter was taken up for
consideration. It was noted that the two Trustees appointed
were taking steps to appoint a third trustee. Noting that
formation of Trust has made progress and actual registration is
likely to take few weeks, interim arrangements were made.
The Principal District Judge, Pune, was directed to nominate a
senior woman staff member to work with the Court Manager.
The Court Manager was directed to visit the premises of
Leela regularly. These officers were directed to ascertain the
names of attendants, nursing staff and other staff, and their
salary. He was directed to ascertain whether salaries and other
bills are being paid regularly. It was directed, if necessary, to
engage services of any veterinary surgeon. Sakal Papers were
directed to deposit 50,000/- for meeting the day-to day
expenses incurred by the officer.
(e) 31 July 2014: The report submitted by the Senior Court
Manager dated 30 July 2014 was considered. In the report, the
Court Manager had stated that certain employees have not
been paid remuneration and details of veterinary surgeon and
Live Stock Supervisor and the Live Stock Development Officer
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were placed on record. It was noted that the two Trustees had
suggested the name of Dr.Sunanda Kaushik as a third trustee.
After considering her bio-data it was found that Dr.Sunanda
Kaushik was qualified to be appointed as a trustee and she was
accordingly appointed along with Justice J.A. Patil (Retired) and
Dr.Mohan Agashe. Sakal newspapers agreed to appoint four
more attendants. Sakal newspapers were accordingly directed to
deposit ad-hoc amount of 2,50,000/- with the District Court at
Pune, to avoid any controversy regarding non-payment of
remunerations. Liberty was given to the Court Manager to
submit a report and move this Court if any emergent situation
arose.
(f) 28 October 2014 : Matters were adjourned and taken up
on 13 November 2014.
g) 13 November 2014: The report of Senior Court Manager
dated 4 October 2014 stating that the Trust has been registered,
was noted. A copy of the registration of the Trust registered
on 12 September 2014 was placed on record. The amount of
`l,00,00,000/- deposited by Respondent No.7 in this Court
was transferred to the account of the Trust. As per the
trustees, a Senior Court Manager was to act as a Coordinator
of the Trust. Respondent No.7 in Writ Petition No.7910 of 2011
was directed to furnish all the details regarding initial
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shareholding of Ms.Lila after reconstitution of the company as
well as the shares held by Ms.Lila as on today. Necessary
details regarding transfer of shares in the name of Ms.Lila in
in terms of directions of the Apex Court in Civil Appeal Nos.698
and 700 of 1995 were directed to be placed on record. An
affidavit filed by Sunil Kadam - respondent No.6 was noted.
The affidavit disclosed numbers of bank accounts held by Lila
and certain particulars about chartered accountants. The
Court Manager was directed to obtain statement of accounts of
these saving bank accounts. He was also directed to approach
the chartered accountant to obtain copies of documents such as
income tax returns etc. The amount deposited by respondent
No. 7 was permitted to be utilized by the Court Manager for the
purpose of making payment of copying charges. He was also
directed to visit Ms.Lila and take inspection of all the
documents in connection with her movable and immovable
properties, bank accounts, income tax and wealth tax returns.
Liberty was given to Mr.Oswal to give particulars of assets of
Lila available with him directly to the Court Manager.
(h) 4
December 2014: The affidavit filed by the Constituted
Attorney of respondent No.7 was perused. The affidavit made
reference to resolution of Board of Directors of respondent No. 7
on 20 October 1998 stating that an amount of `20000/- will
be sent per month for a car with a driver and telephone
facility at residence by the respondent No.7. Considering the
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health condition of Lila, it was suggested to respondent No. 7
to consider cash amount in lieu of the perquisites. Report
dated 3 December 2014 of the Court Manager was noted and
the position of the saving bank accounts and fixed deposits of
Leela were taken on record. Parties agreed that the interest
accrued on the fixed deposits can be utilized by the Trustees for
the welfare of Ms.Lila and the Animals. Accordingly, the
Manager of Bank of Baroda, Pune, was directed to transfer the
interest accrued on the concerned fixed deposits to the bank
account of the trust. As regard the amount lying in the credit
of the saving bank account, `60,00,000/- were directed to be
invested in short term fixed deposit for a period of six months.
Out of `l,00,00,000/- transferred to the account of the trust,
` 75,00,000/- were invested in fixed deposit on the suggestion
of trust. The trustees were permitted to utilize the remaining
amount lying in the credit of the trust for meeting the
expenditure on Lila, such as, salary, remuneration, medical bills,
etc.
(i) 1 4
January 20 1
5:
The petitions were taken up on board
to monitor further progress. The affidavit of Sunil Kadam,
Advocate, was taken on record ∙with a direction to supply copies
to the parties. The statement to the Counsel representing the
Sakaal papers that his clients have no objection for depositing
the requisite amounts in lieu of perquisites, as per order dated 4
December 2014, with the trust was noted. Trustees were to
decide whether it will be in the interest of Ms.Lila to have the
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facility of a car with the driver or the cash in lieu of the same.
The Court Manager was directed to collect the copies of the
proceedings mentioned in the affidavit of Advocate Kadam and
place the same before the trustees for further action. It was
also clarified that considering the object for which the Trust was
created the appropriate decision in all concerned matters will
be taken by the Trust. The Court Manager was directed to
implement the earlier orders passed in respect of the Bank
accounts. It was directed that Trustees will be entitled to
honorarium of ` 5000/- for attending every meeting and for
visiting house of Ms. Lila. The trustees were also empowered to
fix appropriate monthly remuneration to the Court Manager.
(j) 8 April 20 1
5:
A Civil Application (St.) No.7133 of 2015
filed by Union of India for intervention was considered. Noting
that the issue of the title of immovable property held by Ms.
Lila was not under consideration in any of the petitions nor any
of the relief sought for, if granted, would affect the Union of
India, the application was rejected.
(k) On the same day the Application No.481 of 2012 taken
out by Applicants therein was rejected, after observing that if
Applicants have any grievance they could always apply to the
trustees. On that date, report submitted by the senior Court
Manager dated 12 February 2015 was perused and the parties
were informed that on the next date the Petitions will be taken
up for final disposal.
bsb 23 WP7910-3931 J.doc
(l) 3 July 2015 : Today the matters were listed for final
disposal. We had heard the learned counsel for the parties
and Mr.Oswal, who has appeared in person. Mr.Oswal has also
tendered his written submissions.
DISCUSSION:
19. As the narration in the preceding paragraphs would
show that for last four years various orders are passed in
these petitions with an object to ensure welfare of Ms.Lila
and the animals in the Animal Shelter. By continuously
monitoring the position, most of the concerns raised in the
petitions have already been addressed. The orders passed
from time to time will be treated as part of the present final
order. The parties therefore, have addressed us on the reliefs,
which according to them now survive for consideration.
20. We will first take up Writ Petition No.7910 of 2011 filed
by Ms.Vyas. Mr.Havnur, learned counsel for Miss Vyas has
restricted the petition to prayer clauses (a) and (b), as he agrees
that the other prayers stand redressed by various interim orders
referred to. Mr.Havnur submitted that an appropriate writ be
issued to the Commissioner under the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 to protect Ms.Lila and ensure that she
regains all her interest in the trust and the immovable
properties. He also submitted that criminal cases may be
bsb 24 WP7910-3931 J.doc
registered against all persons who have been acting detrimental
to the interest of Lila in respect of her shares. Dr.Saraf,
learned counsel for the Sakal Papers on the other hand
contended that this Court in writ jurisdiction cannot issue any
directions as sought for by the Petitioner and the Petitioner
does not have any locus standi.
21. As regards the objection to locus standi is concerned,
the Miss Vyas has stated that she is a social worker in the field
of animal welfare and is member of various Animal Welfare
Organizations. She has narrated her credentials. It is also
stated that she is taking up the cause on behalf of Ms.Lila, as
Ms.Lila is a well known Animal Welfare Activist. These
pleadings, according to us, are sufficient to enable the
Petitioner to bring forth a petition to draw the attention of the
Court to Ms.Lila's plight. Since the year 2011, various orders
are passed in the petition instituted by Miss Vyas and the
directions are implemented, it is too late in the day now to raise
the ground of locus standi and maintainability. A detailed order
passed on 17 January 2014 constituting a trust, is approved by
the Apex Court and, it is not open for the Respondents to take
up issues which stand concluded by the order dated 17 January
2014, confirmed by the Apex Court.
22. As regards the direction to the Commissioner for Persons
with Disabilities is concerned, Mr.Havnur has not been able to
show any specific provision under which the Commissioner can
bsb 25 WP7910-3931 J.doc
be directed to act as per the reliefs prayed for. However, we do
not wish to conclude the issue whether the Commissioner has
any power to issue the directions as sought for. It is open to the
Petitioner to move the Commissioner for Persons with
Disabilities and the Commissioner would take a decision as per
the powers available to him in law.
23. The second relief sought for by Mr.Havnur is a direction
to the police authorities to investigate in the issue of the
shareholding of Miss Lila. We have considered rival contentions
on this issue and examined the factual on record. The executrix
of the will of Dr.Parulekar, father of Ms.Lila, had transferred
3417 and 93 shares in Sakal Newspapers to members of Sakal
group. Ms.Lila had challenged this transfer and the matter
reached the Apex Court in Civil Appeal No.698-700 of 1995.
The Apex Court held that the transfer of shares was contrary to
Lila's right of preemption and also the transfer was in
contravention of Section 108 of the Companies Act, 1956. The
Apex Court found substance in the contentions of Miss Lila,
however, considering the facts and circumstances, directed that
Compensation be paid to Lila. The Apex Court disposed of the
appeal by judgment and order dated 18 March 2005. A Review
Application thereafter was filed by Miss Lila bearing No.IA 23-
25 of 2006 and it was dismissed as withdrawn on 9 July 2010.
24. We have adverted to the physical and mental condition
of Lila in our earlier orders. It is precarious. Ms.Lila is
bsb 26 WP7910-3931 J.doc
suffering from various ailments. She suffers from paralysis.
She has a numerological disorder - Leukoencephalopathy. She
has a persistent urinary track infection and a low immune
system. She has various other related ailments. She is not in
a position to take decisions herself or coherently express
thoughts. Lila was admitted in hospital on 31 March 2010 and
thereafter her condition had deteriorated over the last few
years.
25.
Mr.Havnur submitted that Lila was admitted in hospital
in March 2010, which is a established fact and also that her
condition was not stable. He submitted that various steps are
taken in respect of her property and shares after that.
Mr.Havnur has drawn our attention to the affidavits filed by
Respondent No. 7. He submitted that the way the property and
shares of Lila have been dealt with taking undue advantage of
her illness and mental condition, this Court should institute
a detailed probe into the matter. Though we do not wish to
express any final opinion, we do find prima facie substance in
the submission of Mr.Havnur.
26. It is an admitted fact that Lila had a legal dispute with
the Respondent No.7 and others - the Pawar Group in charge of Sakal
Papers from the year 1985 in respect of the shares in Sakal Papers.
Decision in respect of her shares was rendered by the Apex
bsb 27 WP7910-3931 J.doc
Court on 18 March 2005. Thereafter an interim application was
filed by Lila for modification/clarification and further directions
in respect of the order passed in Civil Appeal No. 698-700 of
1995. The application was withdrawn by the advocates on 9
July 2010 when the condition of Lila had deteriorated.
Who gave instructions to withdraw this application is not
known. Lila was already suffering from various ailments and
prima facie it seems doubtful that she could have given any
such instructions to withdraw the application.
27. A suit came to be filed by one Mr.Chandrashekhar
Joshi against Sakal Papers, challenging the proposed action of
the Sakal to convert its status to that of a private limited
company. In this suit, in connection with Lila, Respondent No.7
filed the written statement, copy of which Mr.Havnur has
drawn our attention attention to. In this statement, the
Respondent No.7 has categorically asserted that for some
time Lila is suffering from various kind of ailments, she is
bedridden and is not able to take her own decision.
Therefore, from around March 2010, it seems to be an
established position that Lila was in such a physical and mental
condition, that her capacity to take rational decisions had
considerably deteriorated.
28. An additional affidavit has been filed on behalf of
bsb 28 WP7910-3931 J.doc
Respondent No.7. In this affidavit, the details about
shareholding of Lila in Sakal Papers have been placed on
record. It is stated that, as on 30 September 2004 Lila had
1172 shares amounting to 4.69% of shareholding. It is stated
that, after the decision of the Apex Court, some time in the year
2010, Respondent No.7 increased the share capital by
conducting rights issue and despite being served with notice of
rights issue and being asked if she was willing to buy more
shares by Respondent No. 7, no response was received from
Lila. It is then asserted that, after the rights issue was
completed, the shares of Lila declined to 2.75%, however, she
continued to hold 2396 shares. It is then asserted that, on
18 December 2010, Lila on her own accord transferred the
shares held by her individually and jointly with her mother
to one Shri Abhijit Pawar and, therefore, 2396 shares
individually held by Lila and 560 shares held by Lila with her
mother were transferred to the said Abhijit Pawar and in lieu
thereof she received consideration of `l,00,00,000/-.
29. If we take the position on record that Lila's health
had already deteriorated from some time around March 2010,
prima facie to us, the transaction of transfer of shares and her
refusal to buy more shares in spite of being served with an
offer, is far from being without doubt. We feel, without
expressing any final opinion, that there is more than in it
meets the eye, the way the rights issue was supposed to have
bsb 29 WP7910-3931 J.doc
been communicated to Lila, which she has supposed to have
refused and voluntarily transferred her shares. According to
us, this merits in investigation and we agree with Mr.Havnur
in this regard.
30. In this petition, the Petitioner has specifically sought a
relief regarding registering of a criminal case and taking action
against those concerned who are responsible in respect of
transfer of Lila's remaining shares. It is not possible for us to
direct registration of criminal cases against the concerned
persons on the basis of the material available before us, and we
are of the opinion that an enquiry by investigating machinery is
necessary before any conclusions are drawn.
31. Now we take up Criminal Writ Petition No.3931 of 2012
and the applications filed by Mr.Oswal. Before we deal with the
contentions raised by Mr.Oswal, we must record our
displeasure the way Mr.Oswal has conducted himself. By our
order dated 17 January 2014, we had rejected Writ Petition
No.1786 of 2013 filed by Mr.Oswal in respect of his
appointment as a next friend. In this order we specifically
recorded that we do not find anything special about Mr.Oswal's
relationship with Ms.Lila and to appoint him as a next friend
to represent Ms.Lila. The petition filed by Mr.Oswal, therefore,
was entertained as filed by a person interested in welfare of
Ms.Lila on par with the other petitioner Miss Pronoti Vyas.
bsb 30 WP7910-3931 J.doc
However, instead of assisting the Court in finding solutions to
Ms.Lila's problem, Mr.Oswal continued to make submissions
disregarding the fact that the Court had appointed a Trust to
look after Ms.Lila's welfare. He persisted in his claim that he is
more suited to take care of Ms.Lila's interest. Mr.Oswal was
more interested in creating impediments rather than finding
solutions. He was insisting that he should be given greater role
rather than ensuring what is in the best interest of Ms.Lila. He
filed an application making reckless allegations even against this
Court, then unconditionally withdrew the same. We could have
dismissed his petition after having formed the Trust and in view
of the order of the Apex Court, however, since his petition was
entertained for some time earlier, we did not do so.
32. Now turning to the prayers made by Ms.Oswal in his
petition. The first prayer made by Mr.Oswal is that Ms.Lila
should be produced in Court. Mr.Oswal, in spite of the fact that
Ms.Lila is bedridden and is moved around only for treatment to
the hospital, initially pressed even in this prayer, but as wiser
sense prevailed, did not persist.
33. Mr.Oswal did admit that as regard the restrain on him
meeting Ms.Lila has been removed since the trustees have been
appointed, but he submitted that Sakal Papers should not be
allowed to appoint the security guards in view of the
acrimonious relationship between Lila and Sakal Papers,
bsb 31 WP7910-3931 J.doc
Dr.Saraf, on instructions from Respondent No.7 Sakal papers,
submitted that the Respondent No. 7 is not interested in
continuing with the security guards and any appropriate
security agency may be deployed by the Trustees. In view of
this statement, which is accepted, the grievance of Mr.Oswal in
this regard does not survive.
34. We have however noted that there is a considerable excess
staff which is being deployed. Merely because there is large
number of staff does not mean there is mere efficiency. Not only it
will be in the interest of efficiency to reduce the numbers, but will
also help saving money, which can be used then for other
necessary expenses. It is not necessary to have so many security
guards nor it is necessary to have a driver with a car. We have
already indicated in our earlier order that the services of the
driver, who is employed with Sakal Papers, can be dispensed with
including the disposal of the car and in view of services being
provided by Sakal Papers, an amount of Rs.25,000/- be deposited
by them per month. If an ambulance is required, this money can
be utilized. This is agreed to By Sakal. The Trustees should also
take a stock of the number of employees looking after Ms.Lila and
also the security guards and prune the number to optimum level.
bsb 32 WP7910-3931 J.doc
35. As regard the prayers made by him under the Mental
Health Act, 1987, Mr.Oswal submitted that he will approach
the appropriate authorities and did not press the prayer in
this Court.
36. Mr.Oswal contended that Ms.Lila remained unrepresented
in this petition even though she has been joined as a party
respondent. The argument made by Mr.Oswal is frivolous.
After Ms.Lila was made party to the petition, the Principal
District Judge, Pune, was directed to nominate the Registrar of
the District Court by an order dated 15 June 2012 to ascertain
whether Ms. Lila wants to engage any lawyer in the
proceeding. Accordingly, the Principal District Judge forwarded
a report dated 26 June 2012 of the Registrar who visited
Ms.Lila. It was noted in the order dated 3 July 2012 that
Ms.Lila did not seem to be keen to engage any lawyer or any
person.
37. Mr.Oswal also submitted that criminal proceedings be
initiated against respondent Nos.4 to 7 and probe be handed
over to C.B.I. or C.I.D. He submitted that, as late as 24 March
2014, the bank accounts of Lila have been operated and the
cheques were issued. He submitted that how the concerned
bank accounts have been operated after March 2010 need to
be investigated. We find merit in this request. We have noted
while dealing with Civil Writ Petition No.7910 of 2011, there
is a need for police investigation in respect of shares. There is
bsb 33 WP7910-3931 J.doc
need also in respect of Bank account.
38. Mr.Oswal submitted that the properties of Lila should
not be transferred without the orders of the Court. There is a
merit in this request as well. We have appointed a Trust of
eminent persons who are looking after the welfare of Ms.Lila
and the animals. Throughout the pendency of the petition, in
spite of us appointing a Trust and constant visits by the Court
Manager and other staff to Ms.Lila's residence, no relative has
come forward. Ms.Lila does possess various properties and
has substantial amounts in bank accounts. There is every
likelihood, that taking advantage of the mental and physical
condition of Ms.Lila, her properties are mis-utilized.
39. As regard Criminal Application No.241 of 2014,
Mr.Oswal stated that the prayers made therein do not survive.
Mr.Oswal also filed Criminal Application No.113 of 2015 for
modification of the order, as regard the first prayer that orders
dated 17 January 2014 and 30 April 2014 with the observation
that Lila is a Director in Sakal Papers and she holds shares, be
deleted. It is informed that Lila is not a Director in Sakal Papers.
Therefore, observations made in the orders dated 17 January
2014 and 30 April 2014 to read accordingly.
40. As regards the prayer to restrain Respondent No. 7 from
collecting money from public in the name of Ms.Lila, no evidence
bsb 34 WP7910-3931 J.doc
is placed on record that this is being done. The remaining
prayers are general in nature. Merely because Mr.Oswal has
sought various requests, looking at the nature of the litigation
and the stage, every requests of Mr.Oswal, which are
numerous, need to be entertained and considered. Ultimately
this Court is concerned primarily for Ms.Lila and her welfare
and animals shelter and not individual rights of Mr.Oswal,
which we have already stated he does not have any special
interest.
41. The Apex Court has already indicated that Mr.Oswal
can approach the Trust. Having formed a Trust, we do not wish to
keep issuing directions and therefore we do not feel it necessary to
entertain any of the civil and criminal application made in these
petitions. Having formed the Trust to look after the interest of
Ms.Lila, there is no question of appointment of Mr.Oswal as next
friend. All parties who are concerned with Ms.Lila's welfare can
make their suggestions to the Trust, which will consider the same
as required. The applications which are pending are accordingly
disposed of with this direction.
42. Our entire endeavor since last four years in passing
various orders is to ensure welfare of Ms.Lila and her animals
shelter. Ms.Lila possesses various properties. There is a serious
acrimony between the parties. None of the parties before us are
trustworthy to allow them to solely deal with Ms.Lila. We have
bsb 35 WP7910-3931 J.doc
formed a Trust of eminent persons, including a retired High
Court Judge. The Trust is now vested with almost all powers
to take measures for welfare of Ms.Lila and the Animals
Shelter. The Apex Court also has made it clear that any
further suggestions should be made to the Trust. We,
therefore, do not propose to pass any further orders except
to ensure that the Trust which is now registered functions
smoothly. However, since we found various disturbing
features of the case that is the way Lila's shares and bank
accounts have been operated and the way her representation
in Sakal Papers has been extinguished. We found merit in the
contentions of both Mr.Havnur and Mr.Oswal that the matter
needs to be investigated.
43. Accordingly, taking overall view of the matter, we dispose
of the petitions by the following directions:
(A) Directions as regard the Trust:
(i) The Trust constituted pursuant to the order dated 17 January
2014, will continue during the life time of Ms. Lila.
(ii) It will be open to the Trustees to co-opt two more trustees
preferably, who would be in a position to visit the residence of
Ms.Lila on frequent basis. The Trustees shall be paid an amount of
Rs.5,000/- or as such lesser amount as may be agreed by them,
per visit to the premises of Ms.Lila and they will be entitled for
reimbursement of travelling expenses from the account of the
bsb 36 WP7910-3931 J.doc
Trust. The trustees shall be paid a sum of Rs.5000/- for attending
every meeting of the Trust.
(iii) The Senior Court Manager attached to the District Court,
Pune, will act as a Secretary of the Trust. The Trustees shall fix a
reasonable remuneration to be paid to the Senior Court Manager.
The Senior Court Manager will be entitled for reimbursement of
his expenses from the account of the Trust upon furnishing such
details to the Trust. It will be open to the Trustees to appoint a
Part-Time or full time Secretary in the place of the Senior Court
Manager on such remuneration that the Trustees find reasonable.
(B) Directions regarding staff in house:
(i) The Trustees will replace the security personnel currently
employed at the residence of Ms.Lila and appoint required number
of security guards. The Trustees will ensure that the staff
employed inside the house consists of women employees.
(ii) The Trustees shall be entitled to review the position of
number of staff and remove such staff which the Trustees find to
be in excess. The trustees shall discontinue the services of the
driver and return the driver and car to Sakal Papers and in lieu of
the driver and car, Sakal Papers - respondent No.7, shall pay an
amount of Rs.25,000/- per month to the Trust to be used for
conveyance of Ms.Lila whenever required.
(iii) All the staff including the security guard, shall be under the
control of the Trust and shall take all the directions and orders
from the Trust and from no other person or authority.
bsb 37 WP7910-3931 J.doc
(iv) The trustees shall lay down the timetable for persons
visiting Ms.Lila and also who should be allowed to visit Ms.Lila
and accordingly the trustees shall instruct the security agencies
who will act as per the directions of the Trustees, and none else.
(C) Directions as regard the Animal Shelter :
(i) The animals currently housed in the premises shall be
retained in the premises/compound.
(ii) The Trustees shall invite applications from Non-
Governmental Organizations willing to take care of the animals.
The trustees will receive such applications on the basis of
experience, reputation, integrity and impartiality. The
Organization so selected by the trustees will be allowed to take
care of the animals. The trustees may fix such monthly
remuneration to such Organizations in case such organization/s
are not ready to do the work voluntarily.
(D) Directions regarding health care of Ms.Lila:
(i) Dr.N.R.Icchaporia will continue to look after the health of
Ms.Lila and take appropriate decisions. However, if the
Trustees find it necessary, it will be open to them to replace
Dr.Icchaporia or appoint any other doctor in his place or to aid
and assist him.
bsb 38 WP7910-3931 J.doc
(ii) Trustees shall obtain reports on the health condition of
Ms.Lila on regular basis through the Secretary who shall visit
and ascertain the medical condition of Ms.Lila.
(iii) The trustees shall also issue appropriate instructions to
the staff to immediately contact the Secretary in case any
emergent situation.
(E) Directions regarding properties of Ms.Lila:
(i) It is directed that there shall be no transfer of the
property belonging to Ms.Lila except the funds of Leela placed
at the disposal of the Trustees, without seeking prior
permission from this Court, by making necessary application,
with a copy to the Trust. The Senior Court Manager will
accordingly inform the appropriate authorities in respective
districts where the immovable property of Ms.Lila is located not
to carry any changes in the property extracts in respect of
Ms.Lila, without the orders of this Court.
(ii) An officer not below the rank of Assistant Commissioner
of Police to be appointed by the Commissioner of Police, Pune,
will examine the transactions in the shares of Sakal Papers
purportedly made by Ms.Lila after the March 2010 and the
operation of the Bank accounts. If the Assistant Commissioner
Police comes to the conclusion that any offence is made out, he
will proceed to investigate the same. The Assistant
Commissioner of Police will submit a report to the Registrar
bsb 39 WP7910-3931 J.doc
(Judicial-I) of this Court in a sealed envelope.
(F) The various directions issued in these petitions and
applications from 17 January 2014 which are in force today
shall form part of this order.
(G) In the event, the Trustees need any directions of this
Court, they will be entitled to submit a report to the Registrar
(Judicial-I) through the Secretary. As and when such report is
received, the Registrar (Judicial-I) shall immediately place it
before this Court.
44. The writ petitions are accordingly disposed of with the
above directions.
45. The matter shall appear on board on 30 November 2015
to consider the report of the Assistant Commissioner of Police.
( N. M. JAMDAR,J. ) ( A. S. OKA, J. )
bsb 40 WP7910-3931 J.doc
CERTIFICATE
Certified to be true and correct copy of the original signed
Judgment.
