Complaint emailed by me today:
seema.sapra@gmail.com
13 February 2014
To
(i)
Chief Justice of India , Supreme
Court of India
(ii)
Chief Justice of the 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
(vii)
Registrar Vigilance, Delhi High Court
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 AND Complaint against
Justice Sudershan Kumar Misra for facilitating my being poisoned AND Complaint
against Judge Sudershan Kumar Misra for corruptly granting a stay to Bhushan
Steel in a coal block allotment matter on 11 February 2014
I have been compelled to sleep in my car parked outside the
house of Special Commissioner of Police Dharmendra Kumar in Rabindra Nagar for
several months.
I am being poisoned in my car every night by being
deliberately exposed to toxic fumes which are being released in the vicinity of
my car at short intervals starting from around 4 am
Last night I was again being poisoned in this manner.
My right to life petition which is also a whistle-blower
corruption petition against General Electric and Montek Singh Ahluwalia was listed
before Delhi High Court Judges Sudershan Kumar Misra and Suresh Kait on 11
February 2014. I have asked this Bench to recuse itself from hearing this
matter.
This is a Special Division Bench.
The matter was listed before Delhi High Court Judges
Sudershan Kumar Misra and Suresh Kait on 30 January 2014. I was informed by
Judge Sudershan Kumar Misra in the
morning at 10:30 am that the Special Bench would convene for my matter at 3:15
pm. Yet Judge Sudershan Kumar Misra deliberately delayed the hearing of his
Single Bench matters to ensure that no time was left for hearing my matter.
Several cases in which there was no urgency were deliberately heard by Judge
Sudershan Kumar Misra at length and these matters were then simply adjourned.
Judges Sudershan Kumar Misra and Suresh Kait finally sat in
a Division Bench at around 4:10 pm (court sits till 4.15 pm) and adjourned the
matter unheard to 11 February 2014. I asked the Bench to recuse itself but they
refused. I requested the Bench to give a shorter date and informed them that I
was being poisoned and was sleeping in my car for a year now, but this was
ignored by Delhi High Court Judges Sudershan Kumar Misra and Suresh Kait.
I was thereafter poisoned between 4 February 2014 and 11 February
2014.
In the meantime between 4 and 11 February 2014, I have made
several complaints to the police and to others that I am being poisoned and
these complaints have all been ignored. No one has even spoken to me about
these complaints.
On 11 February 2014, I was informed by Judge Sudershan Kumar
Misra at 10:30 am in the morning that the Special Division Bench would convene
around 4 pm. I continued to wait for the Special Bench to convene. Judge Sudershan
Kumar Misra deliberately delayed the convening of the Special Bench by
continuing to hear single Bench matters until 5.19 pm.
At 5.19 pm Justice Sudershan Kumar Misra informed me that
the Special Bench would not convene because Justice Suresh Kait had already
gone for a judicial function. I ask how could a junior judge (J. Suresh Kait)
go for a function and not make himself available for a Special Division bench
while the senior judge was still hearing his Single Bench matters.
I then requested Judge Sudershan Kumar Misra to take up the
matter the next day. Judge Sudershan Kumar Mishra refused to place the matter
the next day or at an early date and instead insisted on adjourning the matter
to 7 March 2014. I told Judge Sudershan Kumar Misra that there was grave
urgency in the matter as I was being poisoned and had also been sleeping in my
car now for almost a year. The Judge did not respond and failed to take these
facts and statements made by me into consideration and has adjourned the matter
to 7 March 2014 curtly telling me that I had his order.
As a result of Judge Sudershan Kumar Misra’s attitude to my
statement that I was being poisoned, the police men attending court that day
were celebrating later outside court and mocked me when I told them that the
Delhi Police had despite court directions not provided me any protection and
that I was being poisoned on a daily basis and that police-officers were committing
contempt of court and colluding in such poisoning.
I was again poisoned during the intervening night of 12-13
February 2014 in my car and since 4 am repeatedly poisonous and toxic fumes
were released near my car at short regular intervals by unknown persons who I
suspect are policemen or are acting in collusion with police-officers.
I wanted to mention this poisoning before Chief Justice
Ramana today or before Judge Sudershan Kumar Misra but the former did not hold
court while the latter was on leave.
How could Judge Sudershan Kumar Misra ignore and disregard
my statement in court that I (a whistleblower and an important witness in the
corruption complaints before him in W.P. Civil 1280/ 2012) was being poisoned
and refuse to take up the matter on an urgent basis? Is Judge Sudershan Kumar Misra not
facilitating my further ongoing poisoning and is he not responsible for my
being poisoned again last night.
Complaint against Judge Sudershan Kumar Misra for corruptly
granting a stay to Bhushan Steel in a coal block allotment matter on 11
February 2014.
I must also add a complaint regarding another matter that
was heard by Justice Sudershan Kumar Misra sitting singly on 11 February 2014
when I was present in his court. This was a new petition filed by Bhushan Steel
challenging the de-allocation of a coal-block allotted to it by the Government
of India. Mr A S Chandhiok, Mr Mukul Rohatgi and Mr Neeraj Kaul instructed by
Mr Rishi Agarwal appeared for Bhushan Steel while ASG Rajeeve Mehra instructed
by Mr Sumit Pushkarna appeared for the Union of India. This was a matter filed pursuant
to a cancellation of allotment of coal blocks being carried out by the
Government of India because of allegations of corruption in these allocations
to ineligible persons or without following proper procedures. The Supreme Court
of India is seized of this matter and is hearing the petition on corruption in coal
block allocations.
It appeared from court proceedings on 11 February 2014 that
Mr A S Chandhiok, Mr Rajeeve Mehra and Judge Sudershan Kumar Misra were all
part of a conspiracy to grant an injunction to Bhushan Steel against the Union
of India.
19 other coal block allottees have already approached the
Delhi High Court for similar orders which matters were all listed before
Justice Manmohan who refused to grant a stay in all these 19 matters.
The Bhushan Steel matter was deliberately filed through Mr
Rishi Agarwal because due to a conflict of interest, Mr Agarwal’s matters are
not listed before Justice Manmohan. Bhushan Steel was therefore able to avoid
Justice Manmohan’s court.
As a result the matter eventually came before Justice
Sudershan Kumar Misra. Managing the registry (particularly Registrar Lorren
Bamniyal) to get matters listed before a particular judge is a well-known corrupt
practice amongst lawyers.
The corrupt conspiracy to obtain a stay for Bhushan Steel is
evident from the following. Justice Sudershan Kumar Misra received the file
when he was already in court therefore he had no time to peruse the file and
therefore could not have known anything about this fresh matter before him. Yet
in court, his statements showed that he had substantial knowledge about the
facts of the matter. ASG Rajeeve Mehra stated that he had no instructions and
could have gotten the matter adjourned to the next day but did not press for this.
Mr Chandhiok made negligible arguments. Justice Sudershan Kumar Misra was
making the arguments in favour of the petitioner. ASG Rajeeve Mehra made no
arguments to oppose the grant of stay.
Judge Sudershan Kumar Misra then asked Rajeeve Mehra if he
would make a statement on behalf of the Union of India that the Government
would not de-allocate/ reallocate the coal block before the writ was decided.
Rajeeve Mehra did not oppose the grant of stay but merely stated that he could
not make a statement but that there could be no objection to a stay/ direction
by the court, thereby conceding the issue of grant of injunction.
Interestingly another similar matter was being heard before
Justice Manmohan at the same time in which stay was again refused.
ASG Rajeeve Mehra did not adequately protect the Union of
India’s interests in this matter during the court hearing and instead
facilitated the grant of stay by making concessions.
The fact that the outcome of this matter was fixed in
advance with Judge Sudershan Kumar Misra was also evident by the manner in
which the judge dictated his order. While dictating his order, Judge Sudershan
Kumar Misra recorded facts and submissions which were not stated by Mr A S
Chandhiok for the petitioner. Also it appeared that Judge Sudershan Kumar Misra
was reading the order from a pre-typed sheet. This was clear from the speed at
which the order was dictated as well as from the fact that Judge Sudershan
Kumar Misra did not need to consult the court record while dictating the order
on facts and submissions which did not form part of Mr A S Chandhiok’s oral
submissions in court.
I point out that ASG Rajeeve Mehra used to be Mr A S
Chandhiok’s junior and both of them enjoy a reputation for corrupt practices.
Similarly Justice Sudershan Kumar Misra’s reputation amongst lawyers is also
not clean.
The outcome in this matter further supports the complaint
that this case was rigged in advance. Bhushan Steel managed to obtain an
injunction from Judge Sudershan Kumar Misra when in similar circumstances, 20
other coal block allottees failed to obtain injunctions from Judge Manmohan
obviously because the action of the Government of India is being monitored by
the Supreme Court which is hearing the coal-block matter.
Seema Sapra
Advocate
9582716748
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