HC pulls up Gamdevi police for arresting animal feeder without valid reason

Mumbai: The Bombay High court bench of Justices Bharati Dangre and Shyam C Chandak, recently criticized the Gamdevi police for "not applying their mind" while arresting an animal feeder, Nandini Balekar, without a valid reason.The HC bench also expressed surprise in their November 19 order (on the petition of Belekar) as to how the judicial magistrate first class court of Girgaon could delay the bail application of Belekar by reasoning that the animal feeder has filed a habeas corpus in the high court, and hence that decision should be awaited first.Belekar had been regularly feeding cats and dogs in the area under Gamdevi police station jurisdiction, for which certain residents had strongly objected to, despite the BMC last year earmarking feeding spots in order to resolve the conflict between the animal feeder and those against the feeding of cats and dogs.The HC bench primarily asked the Gamdevi police how they could arrest Belekar on November 14 despite the punishment for the charges against Belekar being less then 7 years. In the FIR, animal feeder was booked under section 76, 115(2) and 352 of BNS, 2023 for assault and voluntarily causing hurt. Belekar had also filed a counter complaint against a local resident, but that was only taken as an NC (non-cognizable complaint).The HC bench stated in its order that the local police has not applied its mind under the "reasons of arrest" since it states that the police want to inquire if any other person is also involved in the crime, although Belekar has been made the sole accused in the FIR complaint for which the jail term punishment is less than 7 years.The HC has now give a two-weeks time period to the Gamdevi police to file their affidavit in this animal lover arrest matter and pin the responsibility and reasons for it.The bench also directed that its order be given to the JMFC of Girgaon which had earlier held Belekar's bail application in abeyance.In her media statement, Belekar said: "I respectfully welcome the Hon'ble Bombay High Court's observation that my arrest was prima facie illegal and in violation of mandatory procedures. I have always believed in the judiciary, and this order has strengthened my faith that truth and justice will ultimately prevail."She further said: "I am an ordinary working woman, but my commitment to truth, dignity, and the voiceless is unshakeable. I will fight legally, peacefully, and fearlessly—within the full boundaries of the Constitution—till my last breath, and if needed, till the Hon'ble Supreme Court. No misuse of power or position should ever overpower justice."

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