Saturday 21 December 2013

Representation to Bar Council of Delhi from General Electric whistleblower and advocate – Seema Sapra - Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Others in the Delhi High Court

I have made the following representation today:

21 December 2013


To

(i)                 Chief Justice of India, Supreme Court of India

(ii)               Chief Justice Ramana, Delhi High Court 

(iii)             The Registrar General, Delhi High Court 

(iv)             Chairman, Bar Council of Delhi

(v)               All other members of Bar Council of Delhi

(vi)             Delhi Police Commissioner



To the Bar Council of Delhi, to the Chief Justice of India, to the Chief Justice of the Delhi High Court, to the Registrar General of the Delhi High Court, to the Police Commissioner for Delhi, and to All Others,

Ref: Whistle-blower corruption and right to life Writ Petition pending in the Delhi High Court since February 2012 – Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra versus General Electric Company & Others


To the President, Secretary and to all other members of the Bar Council of Delhi,

I am an advocate enrolled with the Bar Council of Delhi since 1995.

I have filed the captioned corruption petition producing complaints and evidence of corruption, fraud, forgery, bribery and other illegal practices committed by General Electric Company, its subsidiaries, its employees and agents in connection with two Railway Ministry tenders for Projects to set up diesel and electric locomotive factories at Marhowra and Madhepura respectively. These two Projects with long term purchase and service contracts are together worth over Rs 127,000 crores to the selected bidder. Not only are these Projects against the national and public interest but as described by me in the writ petition these tenders are tainted with corruption, illegal lobbying, fraud, forgery, and bribery with high level Government of India functionaries including Montek Singh Ahluwalia conspiring with General Electric to create and award these lucrative tenders to General Electric.

I worked with General Electric briefly in 2010 and discovered shortly afterwards that General Electric employees were seeking to use me as a scapegoat and use the pretext of my legal services as a device to cover up and carry out their illegal activities in connection with these Projects and tenders. I learnt that my contract with General Electric was tainted by fraud and that the contract was against public interest in that its intent was to facilitate violation of both Indian and United States law and also General Electric Company’s own internal compliance policies.

I was subjected to incessant and intense harassment during my time at General Electric as part of this conspiracy to misuse and abuse my legal services. I was even drugged during my time at General Electric with intent to prevent me from finding out what exactly was going on and from exposing corruption.

Under Indian and United States law as well as under General Electric’s compliance policies (all of which I was mandated by law as well as my employment contract to adhere to), upon learning of these corrupt and illegal activities and because of the inexplicable harassment, I first made internal complaints to General Electric compliance department and General Counsel Brackett Denniston. Attempts were made to cover up my complaints and I was drugged. My contract was abruptly and unlawfully terminated when I began to raise questions about a cover-up.

After my contract was terminated and I made clear my intention to approach legal authorities both in India and in the United States, General Electric attempted another cover-up by carrying out an alleged internal investigation. This was also used to cover-up my complaints and I continued to be drugged and poisoned.

Finally fearing for my life and with intent to protect myself, I sent my complaints to the authorities and also made my complaints public by forwarding them to lawyers, embassies, human rights organizations and to the domestic and international press. This also did not result in affording me protection.

I mentioned the complaints and the threat to my life before the Chief Justice of India in July 2011 and before the then Acting Chief Justice of the Delhi High Court in February 2012.

Finally, I filed the captioned writ petition in February 2012 seeking interalia disqualification and blacklisting of General Electric, action on my complaints in accordance with law, investigation and prosecution of the corruption complaints, and seeking protection, safe housing and enforcement of my right to life.

This writ petition and my interim applications have remained unheard since February 2012.

I have made several complaints and representations to the Bar Council of Delhi regarding this matter but I have not received any response.

The PMO, the Delhi Police, the CBI, the CVC, the Railway Ministry, General Electric Company, GE India Industrial Private Limited, GE Global Sourcing India Private Limited, Bombardier, Siemens, EMD (a US company and a subsidiary of Caterpillar), Alstom, and BHEL have all been issued notice in the captioned matter.

The Bar Council of Delhi was also issued notice in the captioned matter in April 2013 and was directed to file a report on welfare provisions for lawyers. The Bar Council of Delhi has failed to comply with the court’s directions. Not only has it not filed this report, it has even failed to enter appearance through a properly authorised counsel and no vakalatnama has been filed in the matter by the Bar Council of Delhi.

Yesterday I was distributing the attached pamphlet in the Delhi High Court and I also handed it to several Bar Council of Delhi members including to Mr Surya Prakash Khatri and to Mr Murari Tiwari. I later spoke to them both and they told me they had read the note. I asked them what the Bar Council of Delhi intended to do. To my shock instead of telling me what the Bar Council of Delhi intended to do about my complaints, Mr Murari Tiwari let out that the Bar Council of Delhi had received a complaint against me from General Electric several months ago.  I was told by Mr Murari Tiwari that the Bar Council of Delhi had not yet taken cognizance of the complaint and that they were sympathetic towards me and were trying to discourage General Electric.

It is important for me to point out that I have acted in compliance with Bar Council of India’s ethics rules for lawyers that provide that an advocate will not permit her legal services to be used to facilitate criminal acts. Under Bar Council of India ethics rules, the Indian Penal Code, and the Indian Evidence Act, I was required to make these public complaints against General Electric and to produce the evidence in my possession in support of these complaints. 

There can be no confidentiality in evidence in criminal complaints of corruption, fraud, forgery, bribery and illegal lobbying and I have merely produced this evidence (including what I witnessed and heard during my time at General Electric and some internal General Electric documents evidencing these criminal acts) on the court record in Writ Petition Civil 1280/ 2012.

Any attempt by General Electric to approach the Bar Council of Delhi and to use Bar Council of Delhi proceedings to influence and intimidate me will amount to contempt of court, interference with the administration of justice, and to criminal acts intended to influence, intimidate and silence a whistle-blower and a witness.

I attach a complaint sent by me to the Bar Council of Delhi yesterday. Mr A S Chandhiok is participating in the conspiracy and attempts to cover up my complaints, to sabotage the captioned writ petition, and to have me eliminated. My complaints against A S Chandhiok have been sent to the Delhi Police and are also on the court record.

Yesterday I was surprised that Mr Surya Prakash Khatri was discussing this matter in my absence with Mr A S Chandhiok.

I urge that no Bar Council of Delhi member participate in conspiring with General Electric, Mr A S Chandhiok or with anyone else behind my back.  

I also point out that Mr Rakesh Tiku has appeared in the captioned matter for General Electric. Ms Rana Parween Siddiqui is also very close to Mr A S Chandhiok and has helped him target me on at least two earlier occasions.

This short note is being sent due to the urgency in this matter. I will be communicating with more details in due course.

Seema Sapra
Advocate

seema.sapra@gmail.com

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