Sunday 15 March 2015

General Electric whistleblower in immediate danger after attempted cover-up of corruption complaints - WP Civil No. 1280 of 2012, a corruption whistle-blower petition (Seema Sapra v General Electric Company & Others)


---------- Forwarded message ----------
From: Seema Sapra <seema.sapra@googlemail.com>
Date: Sun, Mar 15, 2015 at 8:06 PM
Subject: General Electric whistleblower in immediate danger after attempted cover-up of corruption complaints - WP Civil No. 1280 of 2012, a corruption whistle-blower petition (Seema Sapra v General Electric Company & Others)
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Cc: Seema Sapra <seema.sapra@gmail.com>, Seema Sapra <seemasapra@hotmail.com>


To the President of the United States, the SEC, the FBI and the United States' Department of Justice,

 

And

 

To the President and Prime Minister of India, and the Chief Justice of India and the Chief Justice of the Delhi High Court,

 

And

 

To the Secretary General of the Supreme Court of India and the Registrar General of the Delhi High Court,

 

And

 

To all others,


I continue to be poisoned. Toxic chemical fumes and poisonous gases including nerve agents continue to be released into the apartment that I am staying in since yesterday. 


This is chronic poisoning, intended to make me fall ill, so that I can be incapacitated and eliminated in a hospital.


I again ask the US government for witness protection in view of my complaints against General Electric which stand substantiated from the attached court record. 


Two corrupt judges like Valmiki Mehta and P S Teji cannot distort and cover up the truth by their patently corrupt and wrong decision. They have only placed my life in greater and more immediate danger and established their complete disregard for the law and Constitution of India, They do not deserve to remain judges of the Delhi High Court. 


Seema Sapra



On Sat, Mar 7, 2015 at 9:49 AM, Seema Sapra <seema.sapra@googlemail.com> wrote:

To the President of the United States, the SEC, the FBI and the United States' Department of Justice,

 

And

 

To the President and Prime Minister of India, and the Chief Justice of India and the Chief Justice of the Delhi High Court,

 

And

 

To the Secretary General of the Supreme Court of India and the Registrar General of the Delhi High Court,

 

And

 

To all others,


My life is in even greater danger after the attempted cover up of my corruption complaints against General Electric Company by corrupted Delhi High Court judges Valmiki Mehta and P S Teji. 


Since yesterday morning, toxic and poisonous chemical fumes and gases are being released into my hotel room at intervals. 


This morning there was an unsolicited and suspicious call from someone in my room asking me to have breakfast at the hotel. The man claimed he was a waiter from room service. 


The danger to my life has not receded. I continue to be targeted. 


I once again request for witness protection from the United States' government. 


Seema Sapra 


On Fri, Mar 6, 2015 at 12:27 PM, Seema Sapra <seema.sapra@googlemail.com> wrote:

To the President of the United States, the SEC, the FBI and the United States' Department of Justice,

 

And

 

To the President and Prime Minister of India, and the Chief Justice of India and the Chief Justice of the Delhi High Court,

 

And

 

To the Secretary General of the Supreme Court of India and the Registrar General of the Delhi High Court,

 

And

 

To all others,


I am at a hotel since yesterday. Nothing happened last night. 

However, I am again being targeted since this morning (from around 9:30 am) by the release of toxic fumes into my hotel room. 


I once again request for witness protection from the United States' government. 


Seema Sapra 


On Thu, Mar 5, 2015 at 11:11 AM, Seema Sapra <seema.sapra@googlemail.com> wrote:

To the President of the United States, the SEC, the FBI and the United States' Department of Justice,

 

And

 

To the President and Prime Minister of India, and the Chief Justice of India and the Chief Justice of the Delhi High Court,

 

And

 

To the Secretary General of the Supreme Court of India and the Registrar General of the Delhi High Court,

 

And

 

To all others,


I continue to be targeted with toxic chemical fumes in the hotel I am currently staying in. 

The "judgement" dated 3 March 2015 passed by Judge Valmiki Mehta and Judge P S Teji in Writ Petition Civil No. 1280/ 2012 runs into 100 pages typed in double space.

It has covered up the complaints of corruption, bribery, forgery, FCPA violations, tender manipulation, illegal lobbying, misrepresentation and fraud by General Electric Company in connection with the Projects and tenders for the proposed diesel and electric locomotive factories at Marhowra and Madhepura.

The judgement refuses to even consider or discuss the corruption complaints, documents, petition, applications and affidavits on the court record on the merits because according to the judgement (in paragraph 1) "the reliefs claimed with respect thereto of challenge to the 2010 tender process of Railways for setting up manufacturing units for diesel and electric locomotive tenders has become infructuous because the tender process has been cancelled by the Ministry over one and a half years back"; and because according to the judgement in paragraph 23 "the writ petition has become infructuous so far as the main relief of 2010 tender process is concerned"; and because according to the judgement in paragraph 24 the Judges state "We would at this stage seek to clarify that we are not specifically referring to the allegations of corruption and bribery etc inasmuch, if we will do so, then, we would in fact be looking into merits of issues with respect to a tender process of 2010 and which we need not at all do so inasmuch as the 2010 tender process has been cancelled and recalled long back" (in paragraph 24).

The judgement fraudulently describes Writ Petition Civil 1280/ 2012 as a PIL or Public Interest Litigation. Pages 7 to 19 of this "judgement" refer to various decisions of the Supreme Court of India on the abuse of PILs even though these rulings ae irrelevant to the case as Writ Petition 1280/ 2012 was not a PIL and the Petition did not claim that this was a PIL. In fact the writ petition stated that it was a petition under Articles 14, 21 and 226 of the Constitution of India seeking to enforce the fundamental right to life of the petitioner  under Article 21 and that the petitioner was acting as a whistle-blower and was a material witness in complaints of forgery, corruption and fraud by General Electric. The writ petition expressly sought relief by the Petitioner including protection and relocation to a safe house. The writ petition disclosed that the petitioner had been employed by General Electric and that she had blown the whistle on corruption and forgery after attempts by General Electric employees to misuse the petitioner's legal services to facilitate their commission of criminal offences including corruption and forgery. The Petition stated that the Petitioner had been drugged, poisoned, targeted, intimidated and terrorised and had been denied medical treatment for poisoning. It state that the police was involved in attempts to eliminate the petitioner.

Writ Petition 1280/ 2012 was not a PIL and was not filed under the Delhi High Court (Public Interest) Litigation Rules, 2010 which mandatorily apply to all PILs. The Writ Petition did not bear an inscription that it was a PIL, The Writ Petition did not plead the requirements for a PIL as set out in these Rules and did not contain the affidavit prescribed for PILs by these Rules. The Writ Petition was filed as an ordinary Civil Writ Petition seeking enforcement of the petitioner's own fundamental rights.

This is because the Writ Petition was a petition under Article 21 of the Constitution seeking to enforce the petitioner's own fundamental right to life which was being violated and which continues to be violated because the petitioner is a whistleblower and material witness in corruption complaints against General Electric Company. It was not a PIL seeking to enforce fundamental rights of third parties. This was always a private litigation where the petitioner-whistleblower is being targeted for knowing too much and for failed attempts to implicate her in forgery and corruption and was therefore a petition seeking investigation and redressal of these complaints because of the consequent threat to the life of the petitioner.

The Delhi High Court itself never treated the writ petition as a PIL from February 2012 until March 2015. In fact, an almost identical petition filed first was unlawfully converted by Judge Hima Kohli into a Criminal Writ Petition from a Civil Writ Petition. The petitioner withdrew that and filed the WP Civil 1280/ 2012. Judge Hima Kohli again attempted to convert this petition also into a Criminal Writ Petition but the Petitioner managed to thwart that cover up attempt.

This Writ Petition was from February 2012 until December 2012 corruptly listed before Benches comprised of Single Judges even though this was a tender matter required to be heard by a Division Bench according to the Court's roster.

In December 2012, this writ petition was transferred to a Division Bench upon an application moved by the Petitioner on the basis that this was a tender matter.

At no time, did the Delhi High Court treat this Writ Petition as a PIL otherwise it would have been allocated to the Chief Justice's Division Bench which has been allocated PILs by the Court roster.

Now in a cover up attempt, Judges Valmiki Mehta and P S Teji have in their judgement deliberately mis-described this petition as a PIL.  

The "judgement" then proceeds to describe this petition as a private interest litigation and goes on to suggest that it has been filed on account of "animosity/vendetta". The basis for this suggestion is not an examination of the Petitioner's case and corruption complaints on merits which the Judges have refused to do, however the "judgement" without hearing the matter on merits on any aspect declares in paragraph 5 as follows:

"Petitioner, who is an advocate, and claims to be a whistle blower, was employed with the respondent no.1 as a legal consultant. The contract between the petitioner and the respondent no.1 was for 11 months from 21.4.2010 to 20.3.2011, however, petitioner's services were prematurely terminated in around September 2010. Petitioner therefore is not a dis-interested person acting bonafidely in filing this Public Interest Litigation (PIL), and the writ petition has been filed essentially to get even with her employer for having terminated her contractual services."

The judgement ignores the documents on record showing that the petitioner had resigned in July 2010 because of harassment at General Electric and that she withdrew her resignation on 10 August 2010 in order to raise compliance concerns. General Electric terminated her contract only after the petitioner raised further concerns that the internal then ongoing investigation into her concerns was also a whitewash. So what was an unlawful retaliation by General Electric against a whistleblower is used by the judgement to tar the petitioner as a disgruntled employee and to further defame her by stating that the petition was filed as vendetta.

Pages 19 to 54 of the "judgement" merely reproduce earlier orders passed in WP Civil 1280/ 2012.

Pages 56 to 88 of the "judgement" merely reproduces the titles and prayer clauses of various applications filed by the Petitioner. None of these applications were heard by Judges Valmiki Mehta or P S Teji. These applications have not been considered on merits and have neither been disposed off on merits. Instead the "judgement" mocks these applications in paragraph 18 and states that the mere filing of these applications shows "the total lack of responsibility on the part of the petitioner and total frivolousness in moving the applications". So these applications have not been heard, considered or decided but the judgement calls them irresponsible and frivolous.

Paragraph 21 of the judgement is the only part that even remotely addresses the matter on merits and it states as follows:

"We do realize that mentioning of the aforesaid orders, applications and other aspects have made this judgment lengthy but we had no option but to reproduce them, inasmuch as, it was necessary to show consistent lack of bonafides good faith and honesty of the petitioner with respect to the present writ petition. The writ petition is therefore clearly a gross abuse of the process of the law and is liable to be dismissed on these grounds itself without even going into the averments made in the writ petition, however, we would hereafter refer to the writ petition, averments made therein, reliefs claimed therein and certain other aspects to show that the writ petition is nothing but a case of self serving averments of the petitioner with no larger public interest involved at all, and, issues raised of alleged corruption of which neither there is sufficient material for this Court to entertain the writ petition and nor the averments made are bonafide. In fact, the petitioner had filed a complaint with CVC with regard to some of her allegations made in this petition, and the records of this court show that after replying to the petitioner that the complaint has been looked into, CVC ultimately had advised closure of the case and this is so stated in the counter- affidavit of respondents no. 2 and 4/Railways dated 2.7.2012 and the relevant para of the counter-affidavit is para 3 which reads as under:-

"3. That the Central Vigilance Commission vide its letter No. 1117/RLY/16/124624 dated 11.04.2011 had forwarded to Railway Board a copy of e-mail complaint dated 11.01.2011 received in the Commission from Ms. Seema Sapra, Advocate, New Delhi in which the complainant alleged that fake Customer Certificate was submitted by M/s. GE Global Sourcing India Pvt. Ltd. in connection with Request for Qualification (RFQ) for setting up Diesel Locomotive Factory at Marhowra, District – Saran, Bihar. On receipt of the complaint, the matter was got thoroughly investigated and the investigation has revealed that Clause 3.2 related to "Technical Capacity', inter-alia, mentioned that the applicant firm should have manufactured and supplied at least 1000 Mainline Diesel Electric Locomotives over the period of last ten years. Scrutiny of the tender file revealed that as per the Customers' Certificate attached at page 63 to 113 of the RFQ submitted by M/s. GE Global Sourcing India Pvt. Ltd., the company had designed, manufactured and supplied total 2326 mainline Diesel Electric Locomotives over a period of last ten years. Thus, it is noticed that even if the Customer Certificate issued by Kazakhstan Railway for 10 No. of locomotives supplied by M/s. GE Global Sourcing India Pvt. Ltd. is discarded, the firm was fulfilling the 'Technical Capacity' criteria, as the requirement as per clause 3.2 of the RFQ is only 1000 locomotives over the period of last ten years. Thus, investigation has found that the firm M/s. Global Sourcing India Pvt. Ltd. has not derived any advantage by submitting the scanned copy. Therefore, no substance was found in the allegation. The report of investigation was sent to the Central Vigilance Commission and the Central Vigilance Commission after perusal of the Investigation Report and the comments of the administrative authorities thereon has advised closure of the case vide CVC's ID No. 117/RLY/16/145435 dated 19.09.20111 (Annesure R-1)."     (underling added)"

 

The judgement picks up one of the several complaints against General Electric (while ignoring all others) and then reproduces a paragraph from the counter affidavit filed by the Railway Ministry but does not address or consider the rejoinder of the Petitioner on this issue where she stated as follows:

 

15.       In response to paragraph 3 of the counter affidavit under reply, I point out that Respondent 4 has not investigated whether or not the customer certificate from Kazakhstan Railways submitted by Respondent 7 (GE Global Sourcing India Private Limited) with its RFQ on July 12, 2010 was forged/ tampered.

 

16.       The letter dated May 30, 2011 sent to the petitioner by the CVC referred to the petitioner's email letter dated January 11, 2011 and stated that this email complaint had been registered as complaint no. 107/11/1 and had been forwarded to Mr A K Maitra, Advisor (Vig), Railway Board for investigation and submission of a report.

 

17.       The email complaint sent by the Petitioner on January 11, 2011 stated that the Kazakhstan Railways customer certificate submitted by GE Global Sourcing India Private Limited for the Marhowra RFQ on July 12, 2010 was a tampered and forged document. 

 

18.       I point out that strangely the CVC letter sent to the Petitioner on May 30, 2011 described the subject of the complaint as "Complaint against Railway official".

 

19.       Respondent No. 4 has not investigated the petitioner's complaint that GE submitted a forged document by submitting a customer certificate issued by Kazakhstan Railways that had been tampered with by GE executives. The certificate issued by Kazakhstan Railways did not have a date. GE executives added a false date to this document and submitted the tampered document. This constitutes forgery of a government document. The Ministry of Railways cannot ignore the petitioner's complaint that this was a forged document. And further the Ministry of Railways cannot ignore this forged document and the criminal offence of forgery by stating that GE did not need to rely upon this document to prequalify or that GE has not derived any advantage by submitting this document. Submission of a forged/ tampered/ unauthentic document with a bid for a government tender, not only constitutes the criminal offence of forgery but also renders the Bidder liable to be disqualified and blacklisted.

 

20.       Submission of a forged document with the bid would amount to a fraudulent practice under Clause 4.1.3 b) of the 2010 Marhowra RFQ and this would render GE liable to be disqualified and blacklisted under Clauses 4.1.1 and 4.1.2 of the RFQ.

 

By submitting a forged document, GE has also violated paragraph 1 of the Letter comprising the Application for Qualification submitted by GE on July 12, 2012. This paragraph reads:

"All information provided in the Application and in the Annexures is true and correct and all documents accompanying such Application are true copies of their respective originals."

 

Further by submitting a forged document, GE has also violated Clause 2.7.2 of the Marhowra 2010 RFQ in that GE has made a material misrepresentation and improper response in its application submitted on July 12, 2010.

 

21.       Clause 2.7.3 of the 2010 Marhowra RFQ provides:

In case it is found during the evaluation or at any time before signing of the

Agreement(s) or after its execution and during the period of subsistence

thereof, including the thereby granted by the Authority, that one or more of

the prequalification conditions have not been met by the Applicant or the

Applicant has made material misrepresentation or has given any materially

incorrect or false information, the Applicant shall be disqualified forthwith if

not yet appointed as the Successful Bidder either by issue of the LOA or

entering into of the Agreement, and if the Applicant has already been issued

the LOA or has entered into the Agreement, as the case may be, the same

shall, notwithstanding anything to the contrary contained therein or in this

RFQ, be liable to be terminated, by a communication in writing by the

Authority to the Applicant, without the Authority being liable in any manner

whatsoever to the Applicant.

 

22.       The statements made by Respondent 4 in paragraph 3 of the affidavit under reply are significant in two ways. First, Respondent 4 does not confirm or deny whether GE filed a forged document. Respondent 4 does not state that it investigated or made enquiries as to whether GE filed a forged document. Respondent 4 also does not confirm that the document in question was not a forged document. Respondent 4 has failed to investigate the complaint of the petitioner which was referred to it by the CVC.

 

23.       The Respondent 4 in paragraph 3 of its counter affidavit states that its "investigation" found that GE did not need the Kazakhstan customer certificate to fulfil the technical capacity criteria under clause 3.2 of the 2010 Marhowra RFQ. This seems to be the full extent of the investigation undertaken by respondent 4. According to the affidavit filed by Respondent 4, all that it did was to reach the conclusion that GE did not need the Kazakhstan customer certificate to prequalify. Respondent 4 did not make any further inquiry. It did not inquire into the authenticity of the Kazakhstan Railways customer certificate submitted by General Electric on July 12, 2010. According to the affidavit filed by Respondent 4, the Railways Ministry, it recommended to the CVC that the complaint (no. 107/11/1) be closed on the sole basis that GE did not need this certificate to prequalify and GE did not derive any advantage from submitting this certificate. This finding and reasoning is the sole basis for the Railways Ministry recommendation to the CVC that the complaint be closed and this false and specious reasoning and finding was blindly accepted by the CVC and it appears that the complaint was closed. 

 

24.       Respondent no. 4 and the CVC have both failed to investigate the complaint of the petitioner that GE Global Sourcing India Private Limited submitted a tampered document (customer certificate issued by Kazakhstan Railways) with its RFQ application on July 12, 2010 for the diesel locomotive factory tender. This constitutes a forgery under the Indian Penal Code. 

 

25.       Respondent 4's statement and finding that GE did not need the Kazakhstan Railways customer certificate to fulfil the technical capacity criteria under clause 3.2 of the 2010 Marhowra RFQ is patently false and a deliberate misrepresentation of facts and the RFQ requirements and is intended to mislead this court and to cover-up the forgery committed by GE executives. Not only has respondent 4 failed to investigate the complaint of forgery, but respondent 4 also attempts to mislead this court by stating that GE did not need the Kazakhstan customer certificate because GE had provided details of 2326 mainline diesel electric locomotives (supplied over the last ten years) whereas the requirement in the RFQ technical criteria was only for 1000 locomotives. Respondent 4 goes on to state that for this reason GE did not derive "any advantage by submitting the scanned copy".

 

26.       The Railways Ministry is misleading this court by suggesting that GE did not need to rely upon the Kazakhstan Railways to meet the technical prequalification criteria.

 

27.       I reproduce Clause 3.2.1 of the 2010 Marhowra RFQ below:

 

"Subject to the provisions of Clause 2.2, the Applicant shall:

a) over the period of last ten (10) years, have manufactured and supplied at least 1000 Mainline Diesel Electric Locomotives and:

i. such Locomotives should comprise at least 2 Variants; a Variant for the purpose of this RFQ Document shall mean a Locomotive with different gauge or with different service application;

ii. the supply of such Locomotives should have been to three (3) or more countries;

iii. 200 or more of such Diesel Electric Locomotives should be of 4000 HP (or higher) with AC-AC 3-phase and IGBT technology;

iv. 25 or more of such Diesel Electric Locomotives should be of 6000 HP (or higher)"

 

 

28.       In the affidavit under reply, Respondent 4 falsely suggests that the only technical criteria required for prequalification was evidence that a bidder had manufactured and supplied 1000 mainline Diesel Electric locomotives. As is clear from Clause 3.2.1 (reproduced above), a bidder also needed to provide customer certificates to show that it met the other conditions/ criteria prescribed in Clause 3.2.1. The 1000 locomotives relied upon by a bidder needed to have at least two variants. These locomotives should have been supplied to at least three countries. 200 of these locomotives should have been of at least 4000 HP with AC-AC 3-phase and IGBT technology. And at least 25 of these locomotives should have been of at least 6000 HP.

 

29.       While GE did not need the Kazakhstan Railways customer certificate to certify the requirement for prior manufacture and supply of 1000 locomotives, it did need this certificate to meet the requirement that these locomotives should comprise of two variants (i.e., locomotives with either gauge variations or service application variations). GE does not meet the requirement for two variants prescribed by Clause 3.2.1 without the Kazakhstan Railways customer certificate. This was also the internal understanding in GE and is recorded on internal GE emails.

 

30.       I attach hereto as Annexure P -1 a copy of my email dated July 10, 2012 that I sent while working for GE to Mr Pratyush Kumar, Mr Ashish Malhotra, Ramesh Mathur, Steve Seip, James Winget, Ashfaq Nainar, Mr Deepak Adlakha and Ms Tara Plimpton (all GE executives/ lawyers).  

In this email I stated:

 

"Prat,

 

Just wanted to capture the latest position as of yesterday evening with respect to customer certs.

 

For gauge variations, the following have been included in the set sent for binding:

Original from Indonesia has been received and has been included. – has a gauge variation plus mixed use (passenger/ freight) – locomotives of 2000 HP capacity

 

A scanned email copy of the new Kazakhstan cert (with date) included as hard copy still not received – original in transit – gauge variation

 

The undated Kazakhstan cert (hard copy available) not included.

 

A scanned email copy of the Vale cert included as hard copy not received. – We will need the hard copy in case railways asks for it later. – gauge variation plus helpful for 6000 HP numbers.

 

As already indicated to the team,

 

1. The RFQ language (2.12.2) requires original certs

2. Variant requirement of at least 2 variants – If we are using gauge variations, I interpret the RFQ as requiring at least 3 different gauges. No gauge variation is a zero variant, one different gauge is one variant and 2 different gauges are 2 variants. In D loco last time with the same language we had 3 gauge variations.

…"

 

The entire email has been annexed by the petitioner to her writ petition. A copy is annexed hereto as Annexure P-1.

 

31.       As the above email records, GE needed the Kazakhstan Railways customer certificate to meet the variant requirement. The Petitioner submits that even with the Kazakhstan Railways certificate being considered, GE still does not satisfy the 'variant' requirement specified in Clause 3.2.1 of the 2010 Marhowra RFQ.

 

32.       The Indonesian customer certificate submitted by GE was obtained at the last minute as recorded in the email above. The petitioner was informed by Mr Ashfaq Nainar (a GE executive) that this was not very useful as it was for locomotives of 2000 HP capacity and therefore not for the kind of locomotives (mainline Electric Diesel locomotives) that the Railways was interested in purchasing. Mr Ashfaq Nainar told the petitioner that this certificate would not be acceptable to the Indian Railways to meet the variant requirements.

 

33.       From the above, it is clear that GE did not meet the variant requirement without reliance upon the forged Kazakhstan Railways certificate.

 

34.       The customer certificate from Vale that GE submitted with its RFQ application for the Marhowra Project on July 12, 2012 was also not the original document but was a scanned copy received by GE several months before July 12, 2012. Since this scanned copy was received by GE, Vale had refused to provide the original or a fresh certificate to GE because of a subsequent dispute.

 

35.       It is submitted that the Railways Ministry has admitted in its counter affidavit that scanned copies could not be relied upon and that the RFQ required that customer certificates to meet the technical capacity criteria be submitted in original.

 

36.       Clause 2.2.3 i. of the 2010 Marhowra RFQ clearly provided that the original customer certificates were required to be submitted with the RFQ application. This clause reads:

"The Applicants shall enclose with its application, to be submitted as per the format at Appendix-I, complete with its Annexes, the following:

i. certificate(s) from its statutory auditors or the concerned customer(s) stating the number of Mainline Diesel Electric Locomotives designed, manufactured and supplied, during the past 5 years as specified in paragraph 2.2.2(A) above. In case a particular job/contract has been jointly executed by the Applicant (as part of a consortium), he should further support his claim for the share in work done for that particular job/ contract by producing a certificate from its statutory auditor or the concerned customer(s);"

 

37.       The Railways Ministry could not have prequalified GE without reliance upon the Kazakhstan customer certificate. GE did derive an advantage by submitting the Kazakhstan certificate as GE did not meet the variant requirement without this certificate.

 

38.       It is submitted that because GE did not submit an un-tampered, true and original copy of the Kazakhstan Railways customer certificate, it could not have been prequalified for the 2010 diesel locomotive tender. GE did not submit original document for the customer certificate issued by Vale, a Brazilian corporation.. Without these two certificates, GE did not meet the RFQ requirement that the 1000 locomotives include at least two variants and also include at least 25 6000HP locomotives. GE's RFQ application for the Marhowra locomotive factory Project submitted on July 12, 2010 was therefore non-responsive and non-compliant. GE should not have been prequalified by the Indian Railways.

 

39.       The officers in the Railways Ministry and in the Central Vigilance Commission who have attempted a cover-up of the forged Kazakhstan Railways customer certificate submitted by GE with its technical bid on July 12, 2012 and have attempted to mislead this court should be investigated and punished in accordance with law. The Central Vigilance Commission has clearly colluded in the aforesaid attempt to cover-up the forgery committed by General Electric executives and the submission of a forged document (Kazakhstan Railways customer certificate) by Respondent 7 (GE Global Sourcing India Private Limited). Both the Central Vigilance Commission and the Railways Ministry are attempting to mislead this court. These actions by officers of the Railways Ministry and the CVC cannot be said to be acts done in good faith.

 

40.       The only document produced by Respondent 4 in connection with its alleged investigation of the Petitioner's email complaint dated January 11, 2011 is a copy of a note by Mr R C Arora, a Director in the Central Vigilance Commission advising closure of the case (on page 14 of the affidavit under reply). No reasons for this recommendation are given in the note.

 

41.       This note states:

 

"                                   Central Vigilance Commission

The Commission has perused the investigation report and the comments of the administrative authorities thereon. In agreement with the RB(Vigilance), the Commission would advise closure of the complaint case.

2.         Railway Board's ID No.2011/VC/RB/10-CVC dated 12.08.2011 refers and its file is sent herewith.

                                                                                                            (R.C. Arora)

                                                                                                                Director                                                                                          

42.       Respondent 4 has not produced a copy of the investigation report (with the comments of administrative authorities thereon) referred to in the above note. As stated above, in its counter affidavit the Railways Ministry has attempted to mislead this court by misrepresenting the petitioner's complaint about the Kazakhstan Railways certificate tampering/ forgery. The affidavit under reply attempts to cover up and misrepresent the petitioner's complaint that the Kazakhstan Railways customer certificate submitted by GE with its technical bid on July 12, 2010 was a forged/ tampered document. The omission by the Railways Ministry to produce the original investigation report before this court provides confirmation that the Railways Ministry and the CVC are covering up the forgery committed by GE executives.

 

43.       The petitioner submits that this court should direct the Railways Ministry and the CVC to produce (i) the terms of reference for the investigation it undertook; (ii) the investigation report; and (iii) the names of the officers who carried out this alleged investigation.

 

 

Paragraph 21 of the judgement also wrongly refers to the affidavit dated 2.7.2012 filed by Nihar Ranjan Dash of the Railway Ministry as an affidavit of respondent 2, i.e., the CVC. The Petitioner had clearly pointed out on the court record that Nihar Ranjan Dash of the Railway Ministry was not authorised to file an affidavit on behalf of the CVC. Further Nihar Ranjan Dash works in the electrical engineering division of the Railway Ministry whereas the complaint of forgery pertained to the Marhowra tender administered by the mechanical engineering division of the Railway Ministry and the petitioner had clearly pointed out on the court record that Nihar Ranjan Dash was not therefore authorised or competent to file an affidavit on the issue of this forgery. The judgement ignores all this.

 

In paragraph 5, the "judgement" refers to three aspects "which will run as a golden thread through the entire case discussion". These are reproduced below:

 

(i)                 The petitioner's averments in the writ petition are basically only self-serving allegations, and there is no independent corroborative basis of documentary evidence to support the allegations which have been made by the petitioner. The documentary evidence which the petitioner relies upon, essentially for the major part pertains to but her own correspondence and communications with different respondents, persons and bodies/entities.

(ii)               Petitioner, who is an advocate, and claims to be a whistle blower, was employed with the respondent no.1 as a legal consultant. The contract between the petitioner and the respondent no.1 was for 11 months from 21.4.2010 to 20.3.2011, however, petitioner's services were prematurely terminated in around September 2010. Petitioner therefore is not a dis-interested person acting bonafidely in filing this Public Interest Litigation (PIL), and the writ petition has been filed essentially to get even with her employer for having terminated her contractual services.

(iii)             Whenever the writ petition came up before any Bench, the standard operating procedure of the petitioner was for some totally uncalled for reason or the other to cause recusal of the Judges constituting the Bench by expressing lack of confidence in the Bench or making false allegations against the judges constituting the Bench or creating scenes in Courts etc, and which modalities were adapted even before this Bench, and which had to conclude the hearings by passing a judicial order for reserving the judgment in this case.

 

 

So without going into the matter on merits and without consideration of the court record, this "judgement" accuses the petitioner of filing a petition composed entirely of self-serving allegations of corruption with no corroborative/ supporting independent documentary evidence. Next the judgement falsely accuses the petitioner of having filed a private interest petition "to get even with her employer for having terminated her contractual services." Third the judgement accuses the petitioner of preventing the petition from being heard by needlessly asking for recusal by judges. The judgement describes this as the "standard operating procedure" of the petitioner.

In response to the false statement in this judgement that the petitioner had only made self-serving allegations and had not provided documentary evidence the petitioner need only refer to the contents of her rejoinder affidavits, and her applications being CM 19501/2012 (on which notice had also been issued) and CM 7197/2013 which were part of the court record and were before the judges. There is more than sufficient documentary evidence reproduced in these applications to establish the petitioner's corruption complaints. The judges have corruptly ignored this documentary evidence in their conspiracy to cover up the corruption complaints against General Electric.


These documents which are part of the court record are attached below.  


The judgement also covers up the attempts on the petitioner's life, police complicity in these attempts, the medical records which were before the court and which establish poisoning and physical harm caused to the petitioner.

Instead the judgement quotes from a false affidavit filed by a tainted police officer Joy Tirkey who is under investigation as mastermind in the Nehru Place extortion, illegal call monitoring and shootout incidents.

The judgement also covers up the fraud played on the Delhi High Court where K Radhakrishnan was used to impersonate as the authorised signatory of General Electric Company and its two Indian subsidiaries. The judgement does not consider or decide the petitioner's applications on this issue  including CM 18969/2014 and CM 1882/ 2015. These applications are attached below.

 

As an example of how shoddy this judgement is, see page 78 which mentions CM 10493/2013 filed by the Petitioner but reproduces the prayer clause from CM 10492/2013 filed by the impersonator Radhakrishnan purporting to be on behalf of General Electric.


Both these applications are attached below.

 

 Seema Sapra 


On Tue, Mar 3, 2015 at 9:52 PM, Seema Sapra <seema.sapra@googlemail.com> wrote:

I continue to be targeted and poisoned. 

Toxic chemical fumes are again being released into my current accommodation. 

Seema Sapra 


On Tue, Mar 3, 2015 at 3:31 AM, Seema Sapra <seema.sapra@googlemail.com> wrote:

To the President of the United States, the SEC, the FBI and the United States' Department of Justice,

 

And

 

To the President and Prime Minister of India, and the Chief Justice of India and the Chief Justice of the Delhi High Court,

 

And

 

To the Secretary General of the Supreme Court of India and the Registrar General of the Delhi High Court,

 

And

 

To all others,



Writ Petition Civil 1280/2012 has been dismissed by Judges Valmiki Mehta and Teji by judgement dated 3 March 2015. This judgment is completely contrary to the court record and has no legs to stand on. It is a clear case of a corrupt judicial cover-up of the corruption complaints against General Electric Company. It also covers up the fraud played by General Electric Company on the Delhi High Court where one K R Radhakrishnan was used to impersonate as authorized signatory of General Electric Company using fraudulent and invalid authority documents. 


A copy of this "judgement" is attached. 



​  


As a result of this the threat to my life has substantially increased and I once again request for witness protection from the United States government. It is now clear that the Indian State will not protect me. 


The court record in my corruption case against General Electric Company is attached as are audio recordings of some court hearings which provide evidence of judicial corruption in this matter. 


Meanwhile I was contemplating not taking this matter further. 


However, I am still being targeted and some kind of pesticide/ toxic chemical fumes are being released into my current accommodation since around 1 am. 


Seema Sapra 




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The court record in this whistle-blower corruption petition can be read below.


Pending applications in Writ Petition Civil No. 1280/2012 

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