Thursday 5 July 2018

Fwd: General Electric Company whistle-blower Seema Sapra unlawfully obstructed from entering Court 4 of Supreme Court on 5 July 2018 where her Writ Petition Civil 13 of 2018 was listed


---------- Forwarded message ----------
From: Seema Sapra <seema.sapra@googlemail.com>
Date: Thu, Jul 5, 2018 at 11:44 AM
Subject: General Electric Company whistle-blower Seema Sapra unlawfully obstructed from entering Court 4 of Supreme Court on 5 July 2018 where her Writ Petition Civil 13 of 2018 was listed
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To the Secretary General of the Supreme Court (Mr Ravindra Maithani) and the Registrar Judicial (Mr RamKumar Choubey), 

Writ Petition 13 of 2018 which is a right to life petition seeking the following relief was listed as item 32 in Court 4 before Justice Kurien Joseph and Justice Sanjay Kishan Kaul, today on 5 July 2018. 

"PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to ;-
(i) Issue a writ of Mandamus to the Respondents to immediately ensure that the Petitioner whistle-blower is not poisoned or harmed or harassed or targeted or followed in any manner and to ensure that the fundamental right to life of the Petitioner who is a whistle-blower and a complaint of sexual harassment and sexual assault is not violated and that the petitioner who is an advocate, a whistleblower against General Electric Company Company and a complainant of sexual harassment against Raian Karanjawala and of sexual harassment and sexual assault against Soli J Sorabjee is protected and stays safe;
(ii) 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."


This matter and my connected matters are being heard by Justice Kurien Joseph's bench and have been listed before that Bench on several occasions when orders have been passed. 

Writ Petition Civil No. 13 of 2018 was adjourned for 4 weeks by Justice Kurien Joseph's Bench, and despite that order the registry did not list this matter until 5 July 2018. 

On 4 July 2018, I received a phone call from Mr Chary from the Supreme Court Registry informing me that my matter was being deleted. He told me that the Registry had received a message from Justice Sanjay Kishan Kaul that he did not want to hear the matter. 

I had already mentioned in my filing proforma filed in January 2018 that this case was not to be listed before Justice Sanjay Kishan Kaul. 

After speaking to Mr Chary, I checked the Supreme Court website and there was no notice regarding the deletion of my case from the causelist of 5 July 2018. 

I therefore called Mr Chary and informed him that the matter could not be deleted like this and that a recusal by a Judge could only happen in Court by a judicial order after a matter was listed. I also informed him that Justice Kurien Joseph had been hearing this and my other matters. I informed him that deletion of a matter because a Judge did not want to hear the matter was irregular and improper and that the proper procedure was for the matter to be listed so that the concerned Judge could pass a recusal order. I informed Mr Chary that I would be appearing in the matter on 5 July. 

I arrived at the Supreme Court on 5 July and the case was still showing as listed in the cause-list. I got a pass made. At 10 am, the policemen at Court 4 refused to let me enter the court room because my case was deleted. 

I was not allowed to even enter the court-room to mention the matter before Justice Kurien Joseph to request that his Bench continue to hear the matter. Both the police and a court official refused to allow me to enter court 4 to mention my matter. 

I met Mr Ramkumar Choubey and apprised him of the entire matter. I received no immediate assistance from his office and was merely told that he would inquire into my concerns. 

I have the following concerns. 

On what ground was my case deleted. At what time was it deleted. 

Why was I not allowed to enter court 4 on 5 July 2018. Why was I not allowed to mention the case before Justice Kurien Joseph if my case was deleted. 

How can a case be simply deleted from the cause list if a Judge does not want to hear the matter when the proper procedure is for the Court to pass a recusal order. Does this not violate the CJI's powers as master of the roster. 

This matter is required to be listed before Justice Kurien Joseph's matter whose Bench has been hearing my cases. 

My contempt appeal in which Justice Kurien Joseph's Bench issued notice to the Attorney General is again listed on 13 July 2018 before Justice Kurien Joseph's bench, 

How can the Bench be changed without a formal recusal order? Any recusal order has to be passed in my presence after the case is listed. 

The police, staff of court 4 and the registry officials today unlawfully obstructed me from entering Court 4 where my matter was listed and where I was entitled to mention the matter if it was deleted. This amounts to obstruction of justice and contempt of court. 

I will be moving an application in this matter for contempt of court against the officers and policemen who obstructed me from entering court 4 today to mention the matter. 

Meanwhile kindly ensure that this matter is listed before Justice Kurien Joseph's bench as a bench change cannot happen without a recusal order. 

Seema Sapra 
Advocate

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