Bombay High Court
Crimeophobia - A Criminology Firm ... vs Ministry Of Animal Husbandry And Dairy ... on 19 August, 2024
Author: Amit Borkar
Bench: Amit Borkar
2024:BHC-OS:12628-DB
49.24-PIL.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.49 OF 2024
Digitally Crimeophobia - A Criminology Firm
signed by
BASAVRAJ Through its founder -
BASAVRAJ GURAPPA
GURAPPA PATIL Criminologist Snehil Dhall ..... Petitioner
PATIL Date:
2024.08.19
17:00:05
+0530 Versus
Ministry of Animal Husbandry
and Dairy Development and Ors. ..... Respondents
Mr. Snehil Dhall, petitioner in-person
Mr. Abhahy L. Patki, Additional Government Pleader for
respondent Nos.1, 2 and 3 - State
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
AMIT BORKAR, J.
RESERVED ON : AUGUST 14, 2024
PRONOUNCED ON : AUGUST 19, 2024
JUDGMENT (PER : CHIEF JUSTICE)
1. Heard Mr. Snehil Dhall, the petitioner in-person and
Mr.Abhay L. Patki, learned State Counsel.
2. This petition, filed ostensibly in public interest, is an
example of how sometimes, on account of multiple and omnibus
prayers made without any factual or legal basis, judicial time is
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consumed in hearing frivolous matters which can otherwise be
utilized in disposing of genuine matters which require more
attention of the court.
3. The PIL petition has been filed by a self-styled Criminology
Firm through its founder who is allegedly a Criminologist, named
Mr. Snehil Dhall. In the opening paragraph of the Synopsis
presented in this petition, the petitioner states that the petition
should be considered as an expert opinion in terms of Section 45
of the Evidence Act, as the founder of the petitioner firm is a
qualified criminologist/crime expert who urges to the Court for
issuing directions for establishing an Anti-Organized Crime Unit
within the framework of Maharashtra Control of Organized Crime
Act (MCOCA) and United Nations Transnational Organized Crime
(UNTOC).
4. While opening the submission, the founder of the petitioner
- firm Mr. Snehil Dhall stated that the petition be treated as his
opinion for issuing various directions as prayed for in the PIL
petition. The petition contains 11 prayers along with 13 interim
prayers. The prayer clause of the PIL petition is extracted
hereinbelow:
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"18) PRAYER
In light of the facts and circumstances stated above, the petitioner
respectfully prays that this Hon'ble Court may graciously be pleased
to:
a) This Hon'ble Court be pleased to issue the writ of mandamus or
any other appropriate writs, orders and directions to the Respondents
for constitution of an "Anti-Organised Crime Unit" within MCOCA
(1999) framework to handle regional, national, and transnational
organized crime in accordance with UNTOC (2000) protocols and
against Crimes which hasn't been defined in any law.
b) This Hon'ble Court be pleased to issue appropriate writs, orders
and directions for constitution to cancel/revoke all leases and/or
allotments of property within Aarey Milk Colony especially of Aarey
Milk Factory and its CEO office, Royal Palms (India) Private Limited
and other establishments who have sub-leased within the Green/
Environment/ Tourist/ Forest/ No Development Zone that falls within
the circuit of Cave Temple Colonies boundaries, also referred to as
'Shatshashthi' (Island of Salsette), with immediate effect, as the
purposes for which the land was allotted have not been adhered to.
All categories of Licenses/Permits for Hotels and others shall also be
revoked with immediate effect. Exceptions shall be granted only the
Government Security Forces, Metro and those establishments which
has no connect with the operations of Aarey Milk Factory/Colony.
c) This Hon'ble Court be pleased to issue appropriate writs and
orders for the immediate shutdown of the "UNICEF Aided Dairy
Teaching" institute/office within Aarey And replaced with an "Anti-
Organised Crime Unit" and/or UNTOC office to tackle these crimes, in
accordance with the requirements of the 20th century. Additionally,
detailed medical reports should be provided by UNICEF and New
Zealand regarding the use of 100% buffalo dried milk imported from
New Zealand, which was mixed with water and distributed to children
and families in Mumbai. The report should confirm the methodology,
experiments, and provide an affidavit that the referred powder was
not any illegal drug, and explain the disappearance of indigenous cow
milk post-experimental units.
d) This Hon'ble Court be pleased to issue appropriate writs, orders
and directions to Respondent No. 1 and Respondent No. 3 for
establishing the 4000-acre Cow Farms with immediate effect for
milking and dried cows within Aarey and other locations of
Maharashtra State, along with the Cow Experimental Unit with
modern technology of 20th Century, to establish nutritious milk and
revive indigenous cow breeds. A report on this matter should be
submitted within a timeline designated by this Hon'ble Court, in line
with 19th-century activities.
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e) This Hon'ble Court be pleased to issue appropriate writs, orders
and directions to Respondent No. 7 for constitution the "Bombay Cave
Temple Commission" under the Military Department for handling/
managing/ administrating all Cave Temples & Colonies that was
formed as per the jurisdiction of the then Bombay Presidency, now
the State of Maharashtra, in line with 18th-century activities. The
Commission shall also be the nodal agency for initiating 'Cave Temple
Commission' for India and other countries under the Military
Department and/or independent body.
f) This Hon'ble Court be pleased to issue appropriate writs, orders
and directions to Respondent No. 2 for constitution of "Transnational
Sanatan Commission" from Asiatic Society (Bombay) to protect all
Cave-Temples, Cave-Colonies, ancient rock stone-made Temples, all
other religious or Hindu properties/ lands/ infrastructure/ resource/
books/ journals/ reports including underwater which belongs to the
sentiments or references of Ancient or Current Hindu Civilizations in
India and other countries being an appropriate replica beyond the
Laws/Acts/Powers/ Authorities granted to "Waqf Board" as applicable
due to Hindu having Vedic Era ancient civilization and Commission
structure from 18th Century.
g) This Hon'ble Court be pleased to issue appropriate writs,
orders, and directions to grant the Petitioner the costs of this
application and further expenses incurred for research and
development (R&D) from the State of Maharashtra for the
procurement of ancient historic books from foreign libraries that were
destroyed in the Asiatic Society.
h) This Hon'ble Court be pleased to issue appropriate writs, orders
and directions for preparing a Geographical Earth & Timeline Maps of
Map#1 'Leopard Corridor'; Map #2 'Shatshashthi' (Island of Salsette)
having all Cave Temple & Cave Colonies in control of various
government departments with Mumbai City; and Map#3 overall Map
of all Rock-Cut Cave Temples, Cave Colonies and Rock Stone made
Temples in the entire State of Maharashtra with or without under the
control of various Government Departments of Local/State/Central
Authorities or encroaches (Property Grabbing Gangs/Nexus).
i) Pending the hearing and final disposal of the present Petition,
this Hon'ble Court be pleased to:
i. Pass an Order to form a Special Investigating Team (SIT)
to address the ongoing crimes reported in the petition since
detailed information isn't available with the petitioner, and file
FIRS against all culprits involved within Civil/Criminal laws as
applicable under Local/State/Central Laws. In addition, the SIT
shall also prepare a Report for initiating security measures for
Urban-Forest Police Department to handle the complications of
Human-Wildlife within Ancient-Modern Civilizations.
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ii. Pass an Order to restrain & revoke all powers/jurisdictions of
Security Department under Aarey Milk Colony/Factory from all
duties and handover the Security of the region to CRPF for
protection of Ancient & Current Infrastructure regardless of
overlapping jurisdiction and allow sole control of Law & Order
for the Local Mumbai Police for all activities pertaining to their
relevant powers.
iii. Pass an Order directing the Respondents to form a
committee to draft appropriate proposal for reviving "Bombay
Cave Temple Commission" and/or "Maharashtra Cave Temple
Commission" and for setting up a Planning Committee for
details mentioned in Prayer D.
iv. Pass an Order directing immediate allotment of 4000
Acres of Cow Farm land for Milking & Dried Cows within Aarey
and/or the Forest Zone of Mumbai and other parts of
Maharashtra as appropriately available.
v. Pass an Order for Respondents to search/procure all
Historic data in Achieves of India and Foreign
Libraries/Departments pertaining to historic data as applicable
to the content of this Petition and otherwise.
vi. Pass an Order to revoke and restraining Respondent No.
1 from all powers as practices by the Aarey Milk Factory /
Colony CEO or their other officials within the region.
vii. Pass an Order to revoke all licenses/permits/lease/sub-
lease/etc categories of Alcohol, Hotel and other Licences of
Royal Palms and restrict all kinds of Parties, Film Shootings in
Villas/ Hotels/Roads (Private/Government)/Grounds since it
falls within 'Leopard Corridors' and most of the illegal parties &
film shootings are carried without following legal protocols.
Exception shall be allowed for Film Shootings at Film City which
is a dedicated Zone within the same locality.
viii. Pass an Order for all Electricity Companies i.e. MSEB,
Adani and/or others serving within Aarey and Royal Palms to
provide detailed list of their secured Mini Feeder Pillars and
other list of residential/commercial/industrial and/or other
categories of customers/suppliers with photo evidence,
especially at locations which are used for Film Shooting
purposes.
ix. Pass an Order for allowing all religious celebrations
including Ganesh Utsav Pandal and Idol immersion be allowed
in Aarey and its respective lakes.
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x. Pass an Order for allowing residents of Royal Palms to
utilize the water of Artificial Lake referred to as Royal Palms
Lake under the control of Municipal Council.
xi. Pass an Order to establish the definition of a Women as
per legal terms, particularly in reference to Human Trafficking/
Smuggling since the definition also keeps changing at
International Forum under its choice of gender orientation
Human Rights which may affect Indian interest in unpredictable
terms.
xii. Pass an Order for FIR against the encroachers of Marol
Caves for demolition of Temple and attempting to claim the
land as caretaker or other titles of the temple land and also
against family living inside the Magathane Caves.
xiii. Pass an Order for appropriate Organised Crime Trainings
Programs for Law Enforcement, Judicial Official and others.
i) This Hon'ble Court be pleased to issue appropriate writs,
orders, and directions for Respondent No. 2 to allot a dedicated
budget for regular Pujas, Aarti and other Hindu Rituals for all Cave
Temples in which they shall also pay the salaries of Pandits (Priest)
and other staff required for the Temples. The ASI shall thereafter also
confirm which Cave Temples or Colonies are fit for allowing Gurukul
(Vedic Education Center) for appropriate takeover by the
'Commission' once initiated.
j) This Hon'ble Court be pleased to issue appropriate writs,
orders, and directions to initiate a Psychological Warfare Unit to
address organized crime stemming from the manipulation of
terminologies based on criminal psychological profiles. This unit will
also divert certain public complaints to elite security forces when local
or state authorities cannot interpret the organized crime within a
reasonable timeframe.
k) Pass any other orders that this Hon'ble Court deems fit and
proper in the interest of justice.
5. A perusal of the afore-quoted prayer clause of the PIL
petition reveals that the prayers made are multiple in number
and on different and diverse subjects which range from issuing a
direction to the respondents for constituting Anti-Organized
Crime Unit to cancel/revoke all leases and allotment of
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properties within the Aarey Milk Colony, to issue a direction to
shut UNICEF Aided Dairy Teaching Institute replacing it with
Anti-Organized Crime Unit or Office of UNTOC to tackle these
crimes in accordance with the requirements of 20 th century. The
petitioner also prays that a direction be issued to UNICEF and
New Zealand to provide reports for use of 100% buffalo dried
milk imported from New Zealand. The petitioner also seeks a
prayer for issuing a direction for establishing 4000 acres Cow
Farms in Arey Colony and other locations in the State of
Maharashtra. The petitioner thereafter makes a prayer on
another subject relating to constitution of 'Bombay Cave Temple
Commission' under the Military for administering cave temples
and colonies and also for initiating 'Cave Temple Commission'.
6. The prayers made in the PIL petition are not confined only
to certain alleged issues relating to Arey Milk Colony but the
petitioner also prays that a direction be issued for constitution of
'Transnational Sanatan Commission' for various purposes.
Petition also demands from the Court to issue direction to pay
the petitioner cost of the petition and also the payment of
expenses incurred by the petitioner for research and
development for procurement of alleged ancient historical books
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from foreign libraries which, according to the petitioner, were
destroyed in the Asiatic Society.
7. The petitioner also prays that a Special Investigating Team
(SIT) be constituted to address the ongoing crimes as the
relevant information is not available with the petitioner and to
lodge FIR against those found erring. Another prayer made in
the PIL petition is for issuing a direction restraining and revoking
all powers of security department of Arey Colony/Factory and to
handover the security of the region to the Central Reserve Police
Force. It has also been prayed that a direction be issued to
allow all religious celebrations including Ganesh Utsav Pandal
and Idol immersion in Arey Colony and its lakes.
8. The petitioner goes on to make a prayer for issuing a
direction to the State of Maharashtra to allot a dedicated budget
for regular Pujas, Aarti and other Hindu Rituals for all temples in
which State should also pay salaries of Pandits (Priests) and
other staff required for the Temples. The PIL petition also
contains a prayer for issuing a direction to initiate a
'Psychological Warfare Unit' to address organized crime
stemming from the manipulation of terminologies based on
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criminal psychological profiles.
9. From a perusal of the prayer clause of the PIL petition,
what we find is that the prayers made are not only omnibus in
nature but also are multiple in number, covering diverse
subjects. Even the nature of the prayers made suggests that by
filing this PIL petition, the petitioner aspires for imposition of his
own ideas or results of his own alleged study, on the State
through the process of the Court. It is not only that in the
instant PIL petition multiple causes of action have been asserted
but also that the petition clearly suffers from the legal vice of
mis-joinder of causes of action.
10. We are also of the opinion that the subjects in relation to
which the prayers have been made pertain to policy of the State,
both administrative and legislative, which is the sole preserve of
the State. Even otherwise, the prayers made are product of
petitioner's figment of imagination and what the petitioner thinks
proper, which do not have any legal basis.
11. The superior Courts, in our constitutional framework, are
the protector of the fundamental rights and other legal rights,
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constitutional, statutory or otherwise. A writ of mandamus is
issued by the superior Courts where infringement of any legal
right is established. No mandamus can be issued merely for
enforcing a particular thought of an individual or an organization,
if it is not supported by any legal premise. Prayers made in the
PIL petition against the UNICEF (United Nations Organization)
and New Zealand, cannot be entertained by the Court in exercise
of its jurisdiction under Article 226 of the Constitution of India.
The other prayers relating to establishment of 'Anti-Organized
Crime Unit' or SIT or for establishing 'Transnational Sanatan
Commission' or 'Maharashtra Cave Temple Commission' appear
to be an outcome of fancies of the petitioner for the reason that
no factual or legal basis, whatsoever, has been laid in the PIL
petition.
12. We find ourselves at loss of words if we peruse the array of
respondents where even the UNICEF, United Nations Office of
Drugs and Crime, Consulate General of New Zealand, Chief of
Defence Staff, Ministry of External Affairs and President of
India's Office have been arrayed as respondents. Even the
averments made in the PIL petition are full of fancies which
according to the petitioner, are based on some research said to
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have been conducted by him. The petitioner has even made a
prayer for issuing a direction to grant the petitioner not only the
cost of the PIL petition/application but also to pay him the
expenses allegedly incurred in research and development and for
procurement of ancient historic books from foreign libraries
which are allegedly destroyed in the Asiatic Society.
13. Having devoted considerable time in hearing such pleas,
we find it extremely difficult to comprehend and understand the
very purpose of instituting these proceedings as a PIL petition.
In our opinion, the petition is nothing but a sheer abuse of
process of Court which not only deserves to be dismissed but
also calls upon us to issue stern warning and even impose
exemplary cost on the petitioner for having filed absolutely
frivolous petition resulting in wastage of precious judicial time.
14. Resultantly, the writ petition is dismissed.
15. We caution the petitioner not to file any such plea without
appropriately studying and acquainting himself with the legal
frame-work in which petitions, specially PIL petitions, can be
filed in this Court.
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16. Though, as observed above, having regard to the manner
in which this PIL petition has been filed, the petition warrants
imposition of exemplary cost on the petitioner, however, since
we have issued a word of caution to the petitioner to be very
careful, we quantify the cost to be Rs.10,000/- (Rupees Ten
Thousand Only) to be deposited by the petitioner within six
weeks from today with the Prothonotary and Senior Master of
the Court which shall be tendered in the accounts of Maharashtra
State Legal Services Authority, failing which the cost shall be
realized as arrears of land revenue.
(AMIT BORKAR, J.) (CHIEF JUSTICE)
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