From: Seema Sapra <seema.sapra@googlemail.com>
Date: Fri, Mar 16, 2018 at 8:13 PM
Subject: Delhi High Court order and notice dated 9 March 2018 to Google LLC and to Google India and to Government of India in Writ Petition (Criminal) No. 437/2018 filed by General Electric Company whistle-blower Seema Sapra
To: vishal.wanchoo@ge.com, lggc.delhi@nic.in, "sg.rmaithani@sci.nic.in" <sg.rmaithani@sci.nic.in>, "pmosb@nic.in" <pmosb@nic.in>, "lhelm@starbucks.com" <lhelm@starbucks.com>, "ny1@ic.fbi.gov" <ny1@ic.fbi.gov>, "sho-ptstreet-dl@nic.in" <sho-ptstreet-dl@nic.in>, "rg.dhc@nic.in" <rg.dhc@nic.in>, "sho-saket-dl@nic.in" <sho-saket-dl@nic.in>, "cp.amulyapatnaik@delhipolice.gov.in" <cp.amulyapatnaik@delhipolice.gov.in>, "sho-defenceclny-dl@nic.in" <sho-defenceclny-dl@nic.in>, "NDwebmail@state.gov" <NDwebmail@state.gov>, "sho-crpark-dl@nic.in" <sho-crpark-dl@nic.in>, "president@whitehouse.gov" <president@whitehouse.gov>, "chairmanoffice@sec.gov" <chairmanoffice@sec.gov>, hschultz <hschultz@starbucks.com>, "cmdelhi@nic.in" <cmdelhi@nic.in>, "Suhel.Daud@ic.fbi.gov" <Suhel.Daud@ic.fbi.gov>, "sho-daryaganj-dl@nic.in" <sho-daryaganj-dl@nic.in>, "sho-tuglakrd-dl@nic.in" <sho-tuglakrd-dl@nic.in>, "sho-cp-dl@nic.in" <sho-cp-dl@nic.in>, "john.flannery@ge.com" <john.flannery@ge.com>, "sho-gk-dl@nic.in" <sho-gk-dl@nic.in>, "ashish.sawkar@ic.fbi.gov" <ashish.sawkar@ic.fbi.gov>, "EthicsAndCompliance@starbucks.com" <EthicsAndCompliance@starbucks.com>, "fcpa.fraud@usdoj.gov" <fcpa.fraud@usdoj.gov>, "sho-hauzkhas-dl@nic.in" <sho-hauzkhas-dl@nic.in>, "sho-safdarjung-dl@nic.in" <sho-safdarjung-dl@nic.in>, "cp.ggn@hry.nic.in" <cp.ggn@hry.nic.in>, "sho-tilakmarg-dl@nic.in" <sho-tilakmarg-dl@nic.in>, "dcbi@cbi.gov.in" <dcbi@cbi.gov.in>, "sho-patelngr-dl@nic.in" <sho-patelngr-dl@nic.in>, "Dimitrief, Alexander (GE, Corporate)" <alexander.dimitrief@ge.com>, "sho-amarclny-dl@nic.in" <sho-amarclny-dl@nic.in>, Vikas Singh <singh.vikas60@gmail.com>
Cc: Sapra Consultants <sapraconsultants@gmail.com>, Seema Sapra <seema.sapra@gmail.com>, Seema Sapra <seemasapra@hotmail.com>
W.P.(CRL) 437/2018
SEEMA SAPRA ..... Petitioner
Represented by: Petitioner in person.
versus
UNION OF INDIA & ORS
..... Respondent
Represented by: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
09.03.2018
1. Petitioner had filed a petition before the Hon'ble Supreme Court of
India praying for the following reliefs:
"(i) Issue a writ of Mandamus to Respondents 1,2,3 and 4 to
ask Google, i.e., Respondents 5 and 6 to immediately remove
this anonymous blog from Blogger as it violates the right to life
and other fundamental rights of the petitioner-whistleblower
and complainant of sexual harassment;
(ii) Issue a writ of Mandamus to Respondents 1,2,3 and 4 to
inquire and investigate as to who created and procured the
creation of this anonymous blog titled "Seema Sapra Alert" and
published at http://seemasapraalert.
(iii) Issue a writ of Mandamus to Respondents 1,2,3 and 4 to
inquire and investigate into the use of the email address
seemasapraalert@gmail.com and its use to target the petitioner
who is a whistleblower against General Electric Company and
a complainant of sexual harassment and sexual assault against
Soli J Sorabjee;
(iv) Direct the Respondents 3 and 4 to register FIRs against
the creators and procurers of this blog and the associated email
ID for the crimes committed against the petitioner listed
hereinabove in the writ petition and to investigate these crimes
in accordance with law and to bring criminal charges against
all those involved in procuring, abetting and committing these
crimes against the petitioner;
v) Direct the respondents 1,2,3 and 4 to take legal action
against the violation of the petitioner's right to life and her
other fundamental rights by the creators and procurers of this
anonymous blog;
(vi) To pass such other orders and further orders and to issue
such other and further writs as may be deemed necessary on the
facts and in the circumstances of the case."
2. The said writ petition was transferred by the Hon'ble Supreme Court
to this Court vide order dated 29th January, 2018. Since the petitioner had
filed the petition as a civil writ petition before the Hon'ble Supreme Court,
the same was listed on 8th February, 2018 as a civil writ petition, when the
Roster Bench noted that in view of the prayers particularly prayer clauses
(ii), (iii), (iv) and (v) the writ petition cannot be presented or registered as a
civil writ petition and should be registered as criminal writ petition. Hence
the writ petition was registered as writ petition criminal and placed before
this Court.
3. Apprehension of the petitioner is limited to the extent that treating the
present writ petition as criminal writ petition should not come in the way of
her seeking primary reliefs as prayed in Clauses (i), (ii), (iii) and (v) on the
objections of the respondents in the garb that the present writ petition is a
criminal writ petition and hence no reliefs as prayed for in prayer clause (i),
(ii), (iii) and (v) can be granted.
4. Article 226 of the Constitution of India provides for the remedy of
writ jurisdiction before the High Court which does not classify a writ
petition as civil or criminal. If a party is entitled to maintain a petition under
Article 226 of the Constitution of India for the reliefs prayed, it cannot be
non-suited on the ground that a civil writ petition has not been filed. It is
thus clarified that merely because of the nomenclature of the writ petition
the reliefs prayed cannot be circumscribed.
5. Petitioner who appear in person states that she has no faith in action
by respondent No. 3.
6. Issue notice to the respondent No.1 and 2 through the Standing
Counsel (UOI) returnable on 27th April, 2018.
7. Petitioner states that she be permitted to serve respondent No.6 by
email or dasti process. Notice be also issued to respondent No.6 on the
petitioner taking steps through dasti process returnable on 27th April, 2018.
8. Since the official e-mail address of the respondent No.5 is not given
and the e-mail address given in Para 64 of the petition is of the CEO,
respondent No.5 is directed to be served through the e-mail address of the
Legal Head of the respondent No.5 to be provided by the petitioner.
MUKTA GUPTA, J.
MARCH 09, 2018"
The Delhi High Court has by order dated 9 March 2018 issued court notice (summons) to Google LLC and to Google India in Writ Petition (Criminal) No. 437/2018. Court notice has also been issued to the Secretary, Ministry of Home and the Secretary, Ministry of Information Technology, Government of India.A copy of this court order is attached along with a copy of the writ petition.Seema SapraGeneral Electric Company whistle-blower
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