Case Note & Summary
The judgment of the High Court of Judicature at Bombay delivered on 6 October 2015 disposed of two writ petitions, one civil and one criminal, along with several civil applications. The central figure in all these matters was Ms. Claude Lila Parulekar, a woman around 80 years old, seriously ill, bed-ridden, and without siblings or legal heirs. She was the daughter of the founder of Sakal Papers Limited and owned substantial shares in the company as well as numerous immovable properties in Pune and Mahabaleshwar. She also maintained an animal shelter on her premises. The civil writ petition was filed by Ms. Pronoti Vyas, a food technologist and animal welfare worker, who alleged that taking advantage of Ms. Lila's helpless medical condition, certain persons associated with Sakal Newspapers had systematically usurped her shares, virtually held her captive, and prevented others from visiting her. The petition sought directions under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, for the protection of Ms. Lila and her property, including shares and immovable assets, and also sought criminal proceedings against those acting detrimental to her interests. It further prayed for directions regarding the animal shelter. The criminal writ petition was filed by Mr. Manoj J. Oswal concerning related matters. Various civil applications were filed by organizations such as People for Animals (chaired by Ms. Maneka Gandhi) and the Animal Welfare Board of India, seeking intervention and directions regarding the animal shelter's infrastructure, personnel, and hygiene. During the pendency of the petitions, the Court passed a detailed order on 17 January 2014, constituting a Trust consisting of a retired Judge of the High Court and an eminent psychiatrist to look after Ms. Lila's welfare. The order noted that many of the issues that existed at the beginning of the hearing had been resolved. The judgment reserved on 3 July 2015 and delivered on 6 October 2015 indicated that the Court would deal with the remaining area of adjudication and pass a final order. However, the provided excerpt of the judgment does not contain the final operative directions, ratio decidendi, or detailed legal holdings.
Issue of Consideration
Whether directions should be issued under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, to protect Ms. Lila and her properties, including her shares in Sakal Newspapers, and to ensure the welfare of animals in her shelter; whether criminal proceedings should be initiated against those acting detrimental to her interest.
Case Details
2015 LawText (BOM) (10) 68
Writ Petition No. 7910 of 2011 along with Criminal Writ Petition No. 3931 of 2012
Mr. P. M. Havnur, Ms. Najafiya Shroff, Mr. Aditya Gore, Varad Deare, Mr. Manoj Jalamchand Oswal, Ms. Mandakini D. S. Sinh, Mr. Birendra Saraf, Rohan Savant, Ms. Neha Prashant, Ms. Cheryl Fernandes, Mr. Ashok B. Tajane, Mr. V. P. Sawant, Mr. Prabhakar M. Jadhav, Mrs. P. P. Shinde
Ms. Pronoti Vyas, Mr. Manoj J. Oswal
State of Maharashtra, The Commissioner of Police, Commissioner for Persons with Disabilities, Animal Welfare Board of India, Committee to Monitor Animal Welfare Laws, Sunil V. Kadam, Sakal Papers Pvt. Ltd., The Senior Police Inspector Koregaon Park, Pratap Govindrao Pawar, Abhijit Pratap Pawar, ExServicemen Multiple Services & Consultants
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Nature of Litigation
Civil writ petition seeking protection of Ms. Claude Lila Parulekar and her animals, alleging usurpation of shares and mismanagement of property; criminal writ petition related to the same subject matter.
Remedy Sought
In Civil Writ Petition: directions to the Commissioner of Police to protect Ms. Lila under the Persons with Disabilities Act, ensure she secures her shares, retain/regain immovable property, and initiate criminal proceedings against those acting detrimental to her interest; also directions regarding animal shelter. Criminal Writ Petition sought related relief.
Filing Reason
The petitioner in Civil WP contended that Ms. Lila is bed-ridden, seriously ill, without heirs, and that her shares in Sakal Newspapers were usurped and she was held captive, with no one allowed to visit her, while employees of Sakal newspapers managed her affairs.
Previous Decisions
By a detailed order dated 17 January 2014, a Trust consisting of a retired Judge of the High Court and an eminent psychiatrist was constituted to look after Ms. Lila's welfare. Many issues pertaining to her welfare were resolved by the time of the final hearing.
Issues
Whether the Commissioner of Police should be directed to take steps to protect Ms. Lila under the Persons with Disabilities Act, 1995.
Whether necessary directions should be issued to ensure that Ms. Lila secures her shares in Sakal Company and retains/regains her interest in immovable properties.
Whether criminal proceedings should be initiated against persons acting detrimental to her interest.
Whether directions should be issued regarding the animal shelter.
Submissions/Arguments
Petitioner argued that Ms. Lila's medical condition is precarious, her shares have been systematically usurped, she holds various properties and investments, she is virtually held captive, employees of Sakal newspapers manage her affairs, and certain people are after her property.
People for Animals sought intervention and directions regarding animal shelter infrastructure, personnel, and hygiene.
Animal Welfare Board of India sought intervention as a statutory body under the Prevention of Cruelty to Animals Act.
Judgment Excerpts
Central figure in all these matters is Ms. Claude Lila Parulekar (Ms. Lila). Ms. Lila lives in her bungalow at 4A, 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.
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.
Procedural History
Civil Writ Petition No. 7910 of 2011 was filed by Ms. Vyas some time in September 2011, and Criminal Writ Petition No. 3931 of 2012 was filed by Mr. Oswal some time in November 2012. Various civil applications were filed for intervention and directions. By an order dated 17 January 2014, a Trust consisting of a retired High Court Judge and an eminent psychiatrist was constituted to look after Ms. Lila's welfare. The petitions and applications were heard together and judgment was reserved on 3 July 2015 and delivered on 6 October 2015.
Acts & Sections
- Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995:
- Prevention of Cruelty to Animals Act, 1960: Section 4
