Wednesday 1 January 2020

Supreme Court IA 110313/2019 in Criminal Appeal Diary No. 10342/2016 seeking recusal by J. Khanwilkar & J. Ajay Rastogi filed by Seema Sapra , General Electric Company whistle-blower and sexual harassment complainant against Raian Karanjawala and Soli Sorabjee who is being poisoned #MeToo #MeTooIndia #GE $GE

Filed on 26 July 2019


CRIMINAL APPELLATE JURISDICTION
I.A. NO.  110313   OF 2019
CRIMINAL APPEAL DIARY NO.  10342 OF 2016

IN THE MATTER OF
SEEMA SAPRA                                         …Appellant/Petitioner

Versus

COURT ON ITS OWN MOTION                     Respondent




To
Hon'ble The Chief Justice of India and His Companion Judges of the Supreme Court of India., the application of the Appellant/ Petitioner most respectfully showeth:-
1.                 The order passed on 12 July 2019 is reproduced below. This application is being filed pursuant to that order.  It is impossible for the Petitioner to comply with this order.

1
ITEM NO.301 COURT NO.9 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal Diary No. 10342/2016
SEEMA SAPRA Appellant(s)
VERSUS
COURT ON ITS OWN MOTION Respondent(s)
[ ONLY I.A. NO. 62789/2019 - MODIFICATION OF COURT ORDER AND I.A.
NO. 99303/2019 - APPROPRIATE ORDER/DIRECTIONS IN WP(C) NO. 13/2018
LISTED)
WITH
W.P.(C) No. 13/2018 (X)
IA No. 99303/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 62789/2019 - MODIFICATION OF COURT ORDER)
W.P.(C) No. 001027 / 2018 (X)
IA No. 122904/2018 - PERMISSION TO APPEAR AND ARGUE IN PERSON)
Date : 12-07-2019 These applns. were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE AJAY RASTOGI
For Applicant(s)/ Ms. Seema Sapra,
Appellant(s) In-person
For Respondent(s) Mr. Annam D. N. Rao, AOR
Mr. A. Venkatesh, Adv.
Mr. Rahul Mishra, Adv.
Mr. Amber Sachdeva, Adv.
UPON hearing the petitioner/applicant in person
the Court made the following
O R D E R
We have heard the petitioner-in-person on
the applications for issue of appropriate
directions/order and for modification of previous
Court order, for over one hour.
2
After hearing the petitioner-in-person for
quite some time, we asked her to confine her
arguments to the issues which may require our
consideration. She submitted that one of us
(A.M.Khanwilkar, J.) should recuse. For that, she
invited our attention to the averment made in I.A.
No.62789 of 2019 in particular. Such request cannot
be accepted merely for asking by the petitioner-inperson.
Reasons for not accepting that prayer will
be elaborated in the order to be passed as noted in
our previous order dated 11.04.2019.
It is open to the petitioner to file list of
dates and/or any other relevant document(s), if she
so desires. That be filed within two weeks.
We reiterate that all aspects will be
considered and appropriate orders passed on the
concerned proceedings, to be pronounced later.
(NEETU KHAJURIA)
COURT MASTER
(VIDYA NEGI)
COURT MASTER

2.                 It is submitted again that the Bench of J. Khanwilkar and J. Ajay Rastogi has refused to give a hearing to the Petitioner on this Appeal as well as on WP Civil 13/2018 and on WP Civil 1027/2018.
3.                 This Bench of J. Khanwilkar and J. Ajay Rastogi has refused to summon the Delhi High Court record in the following cases as prayed for by the Petitioner. This refusal has not even been recorded in the orders of this Court and instead orders have been reserved. These cases are WP Civil 1280/2012, OMP 647/2012, WP Criminal 437/2018, Criminal Contempt Case 2/2014, Criminal Contempt Case 3/2012. The Petitioner is unable to argue this matter and WO Civil 13 and 1027/2018 in the absence of these records.
4.                 The facts, evidence and documents of the Petitioner are not on record. This Bench has failed to help the Petitioner in bringing this material on record and instead has adopted a procedure and a hostile stance to the Petitioner and has passed orders which have the effect of preventing the Petitioner from bringing this material on record.
5.                 Why has this Bench of J. Khanwilkar and J. Ajay Rastogi effectively tagged a contempt appeal with my writ petitions for protection and for redress of sexual harassment complaints. Does this not result in making the contempt conviction hang like a sword over my head to prevent me from pursuing my sexual harassment complaints and my corruption complaints against General Electric Company and my fraud and perjury complaints against the law-firm of Ms Zia Mody, AZB & Partners.
6.                 Why has WP Civil 1027/2018, a petition seeking redress of sexual harassment complaints against Soli Sorabjee and Raian Karanjawala been heard by a Bench comprising of two male judges who have been insensitive and hostile to me. This Bench of J. Khanwilkar and J. Ajay Rastogi has intimidated and effectively threatened me.
7.                 Since 4/5 July 2019, I am being compelled to sleep in Lodhi Gardens. I am being poisoned there with toxic chemicals and my dead/ unresponsive body could be found.
8.                 I am fighting a corruption case as a whistleblower against General Electric Company since 2010.
9.                 I have also exposed Soli Sorabjee and Raian Karanjawala as serial sex predators preying on young women lawyers. Soli Sorabjee attempted to rape me and inserted his tongue in my mouth and groped me after giving me alcohol and possibly a drug. I pushed him away and left, see Supreme Court Writ Petition 1027/2018.
10.             Karanjawala also plyed me with alcohol and most likely drugged me on a work- related trip to Kolkata and then asked me to join him for a nightcap in his room. This was around midnight. I refused.
11.             On 12 July, my application was listed before J. Khanwilkar and J. Ajay Rastogi in the Supreme Court stating that I was sleeping in a tent in Lodhi Gardens and was being poisoned there. I sought directions to the Home Ministry to provide me with temporary accommodation and protection so that I could establish in Court that I was a victim of State persecution. This application has been ignored by these Judges.  In continue to sleep in Lodhi Gardens. I am being repeatedly poisoned there.
12.             I was beaten (repeatedly slapped, punched, and dragged) by two policemen outside Delhi High Court on 1 March 2019. Supreme Court order dated 1 March 2019 records this. No FIR till date.
13.             I have on affidavit asked J. Khanwilkar to recuse as he is a friend of Sorabjee and Karanjawala.
14.             I have been slow poisoned since 2010-11. Despite thousands of complaints, no FIR registered till date and no medical exam conducted for poisoning. I have medical records establishing poisoning at its cover up in Max, Apollo, Artemis and AIIMS hospitals and the Delhi High Court Medical Center. In 2014, a doctor at Fortis was used to deliberately dislocate my left ankle. I had applications before the Delhi High Court for the Medical Council to investigate these complaints and records, but these were simply ignored.
15.             For the last year and few months (until 4 July) I was staying at the New Delhi YMCA Tourist Hostel. I was being poisoned there. Since Feb/March 2019, the poisoning intensified. Poisonous gases/ chemical fumes including anesthetic gases were being released into my room.
16.             I told J. Khanwilkar and J. Ajay Rastogi that I was being poisoned and a medical exam would conform this. This has also been ignored. Not even recorded in the order.
17.             I am homeless since 2012. I am living on charity of lawyers since 2012. I am literally begging for money. I am not being allowed to work. I am instead being hounded.
18.             I had applications before the Supreme Court that the Delhi High Court records in my cases be summoned by the Supreme Court as these would establish the prima facie case of my being a whistleblower against General Electric Company corruption. These would also establish that I was poisoned and that I was a victim of State persecution.
19.             Instead of summoning these Delhi High Court records, J. Khanwilkar and J. Ajay Rastogi reserved orders without hearing me, without summoning the Delhi High Court record, and passed orders giving me liberty to file documents despite them knowing that I was unable to do so. Therefore, this Bench will decide my cases without facts, documents and my evidence before them. Is this Justice?
20.             J. Khanwilkar and J. Ajay Rastogi want to decide my cases after making sure I am not heard, and when my facts and documents are not before them.
21.             During two hearings before J. Khanwilkar and J. Ajay Rastogi, a whole group of lawyers supporting Raian Karanjawala were present including Siddharth Luthra.
22.             J. Khanwilkar and Siddharth Luthra were openly communicating silently during the hearings.
23.             I am begging for money, sleeping in Lodhi Gardens in a tent, being poisoned. My fundamental rights are being violated. This Bench of J. Khanwilkar and J. Ajay Rastogi have failed to protect me or to pass immediate orders needed to protect my fundamental rights.
24.             All four orders and especially the last two orders passed by this Bench of J. Khanwilkar and J. Ajay Rastogi misrecord what transpired in court proceedings.
25.             If this Bench had protected me even temporarily, I could have placed material facts, complaints and evidence of ongoing poisoning, stalking, targeting before this Court, The orders passed instead make it impossible for me to do so.
26.             On 12 July 2019, I informed this Bench of J. Khanwilkar and J. Ajay Rastogi that I had no faith in them, they were biased and I would have to seek redress for the violation of my fundamental rights elsewhere. The Bench asked me if I wanted to file any documents despite my telling them that I was begging, homeless and being poisoned and therefore was unable to do this. I asked them to summon the Delhi High Court record. Instead the order of 12 July again gives me an empty and useless liberty to file documents. Please take note that the orders of this Court failing to protect me make it impossible for me to file documents.
27.             On 12 July 2019, J. A M Khanwilkar told the Petitioner – do you have anything else besides this poisoning, poisoning. The Petitioner submits that this is a shocking thing for J. A M Khanwilkar to say. If the Bench is under any misconception that the Petitioner’s complaints of poisoning and sexual harassment are a ploy to get out of a contempt conviction, then the Bench is wrong and it should summon the Delhi High Court record to see that these complaints precede any contempt notice to the Petitioner. Does J. Khanwilkar think the poisoning of the Petitioner is of no consequence. Does J. Khanwilkar place any value on the Petitioner’s life? It is also submitted that the Petitioner wants to place many additional facts and documents before this Court and to assist the Petitioner in doing this this Court should summon the Delhi High Court Record as prayed for and should protect the Petitioner so that she can bring all facts, records, documents and evidence on record before this Court.
28.             As a result of this Bench’s last three orders, it has become even more difficult to live as lawyers have been pressurised into not giving me money.
29.             This application is being made in the interest of justice.  It may be treated as having been filed in all three cases, Contempt Appeal 10342/2016, WP Civil 13/2018 and in WP Civil 1027/2018.  
30.             The Petitioner also submits that the full facts and evidence of the Petitioner’s sexual harassment and sexual assault complaints against Soli Sorabjee and Raian Karanjawala are not on record before this Court in WP Civil 1027/2018. There are multiple witnesses who will also expose Soli Sorabjee as a seral sex predator. A device often used to cover up sexual harassment complaints if for the “authority” to say that no evidence has been produced. Well evidence can only be produced before the Police, CBI, a Magistrate or a POSH Committee in oral and sworn written testimony. An investigation by the State will unearth more evidence which the Petitioner knows exists. Mr Soli Sorabjee’s former junior Mr Gopal Jain has confirmed to the Petitioner that Sorabjee preyed sexually on young women lawyers. Multiple lawyers both male and female have told the Petitioner that they all know of Sorabjee’s sex predation and these lawyers can provide evidence. Sorabjee’s present age and physical condition cannot be used to protect him from investigation of serious crimes like sex assault and threatening a whistleblower against General Electric Company corruption. Soli Sorabjee and Raian Karanjawala are directly involved in the threat to my life.

PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Application and:-
(i)               To list Criminal Appeal Diary No. 10342/2016,  WP Civil 13/2018 and WP Civil 1027/2018 for hearing before a Bench not comprising of J. A M Khanwilkar and J. Ajay Rastogi;
(ii)             To pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE APPELLANT/ PETITIONER SHALL AS IN DUTY BOUND, EVER PRAY.

FILED BY:
SEEMA SAPRA
APPELLANT/PETITIONER-IN-PERSON

DRAWN ON: 26/07/2019
FILED ON: 26/07/2019
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. NO.                 OF 2019
IN
CRIMINAL APPEAL DIARY NO. 10342 OF 2016

IN THE MATTER OF
SEE*MA SAPRA                                        …Appellant/Petitioner
Versus
COURT ON ITS OWN MOTION                     Respondent


AFFIDAVIT
I, Seema Sapra, aged 48 years, D/o Late A. R. Sapra, presently homeless in New Delhi, do hereby solemnly state and affirm as under:
1. That I am the Appellant/ Petitioner and am familiar with the facts and circumstances of the case and am competent and authorized to swear this Affidavit.
2. That I have drafted, read and understood the accompanying Application for listing of Criminal Appeal Diary No. 10342/2016, WP Civil 13/2018 and WP Civil 1027/2018 before a Bench not comprising of J. Khanwilkar and J. Ajay Rastogi and  I state that the contents of the application are based on my personal knowledge and on other sources which I believe to be true and correct.

DEPONENT

VERIFICATION:
I, the above-named Deponent, do hereby verify that the contents of the aboveAffidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed there from.
Verified at New Delhi on this 26th day of July 2019.

DEPONENT


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