Gmail Seema Sapra <seema.sapra@googlemail.com>
New Applications filed in Supreme Court 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
Seema Sapra <seema.sapra@googlemail.com> Mon, Dec 16, 2019 at 1:51 PM
To: "fmo@nic.in" <fmo@nic.in>, "newhaven@ic.fbi.gov" <newhaven@ic.fbi.gov>, "hm@nic.in" <hm@nic.in>, Amit Shah <amitshah.bjp@gmail.com>, _EDA-Etat Civil New Delhi <ndh.etatcivil@eda.admin.ch>, "vertretung@ndh.rep.admin.ch" <vertretung@ndh.rep.admin.ch>, "emb@rusembassy.in" <emb@rusembassy.in>, indconru indconru <indconru@gmail.com>, "web.newdelhi@fco.gov.uk" <web.newdelhi@fco.gov.uk>, "conqry.newdelhi@fco.gov.uk" <conqry.newdelhi@fco.gov.uk>, "LegalisationEnquiries@fco.gov.uk" <LegalisationEnquiries@fco.gov.uk>, "delegation-india@eeas.europa.eu" <delegation-india@eeas.europa.eu>, "re-india.commerce@international.gc.ca" <re-india.commerce@international.gc.ca>, "emb.newdelhi@mfa.no" <emb.newdelhi@mfa.no>, "chinaemb_in@mfa.gov.cn" <chinaemb_in@mfa.gov.cn>, "InfoDesk@ohchr.org" <InfoDesk@ohchr.org>, "Press-Info@ohchr.org" <Press-Info@ohchr.org>, "civilsociety@ohchr.org" <civilsociety@ohchr.org>, "webmaster@ambafrance-in.org" <webmaster@ambafrance-in.org>, "VA@ndh.rep.admin.ch" 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<sho-cp-dl@nic.in>, "sho-safdarjung-dl@nic.in" <sho-safdarjung-dl@nic.in>, "sho-gk-dl@nic.in" <sho-gk-dl@nic.in>, "ashish.sawkar@ic.fbi.gov" <ashish.sawkar@ic.fbi.gov>, "sho-patelngr-dl@nic.in" <sho-patelngr-dl@nic.in>, "cp.ggn@hry.nic.in" <cp.ggn@hry.nic.in>, "fcpa.fraud@usdoj.gov" <fcpa.fraud@usdoj.gov>, "sho-hauzkhas-dl@nic.in" <sho-hauzkhas-dl@nic.in>, "sho-tilakmarg-dl@nic.in" <sho-tilakmarg-dl@nic.in>, "Dimitrief, Alexander (GE, Corporate)" <alexander.dimitrief@ge.com>, "sho-amarclny-dl@nic.in" <sho-amarclny-dl@nic.in>, "michael.holston@ge.com" <michael.holston@ge.com>, "office@achowdhury.com" <office@achowdhury.com>, Arunabh Chowdhury <arunabhchowdhury@gmail.com>, "dn@rayfirm.org" <dn@rayfirm.org>, "dn@dnray.in" <dn@dnray.in>, "Emergency Medicine, AIIMS" <emergencymediaiims@gmail.com>, Maninder Acharya <acharyam100@gmail.com>, sandeep sethi <sandeepsethiadv@gmail.com>, "officeofmr@gov.in" <officeofmr@gov.in>, rajshekhar rao <rao.rajshekhar@gmail.com>, Rao Adn <adnrao@adnrao.com>, "krishna.venugopal@gmail.com" <krishna.venugopal@gmail.com>, Gopal Subramanium <gs@gschambers.org>, "vedantavarma@hotmail.com" <vedantavarma@hotmail.com>, "K.N Bhat" <knbhat@gmail.com>, "knbhat@hotmail.com" <knbhat@hotmail.com>, "senior_advocate_katara@yahoo.com" <senior_advocate_katara@yahoo.com>, Aman lekhi <aman.lekhi@gmail.com>, "krishnan_venugopal@yahoo.com" <krishnan_venugopal@yahoo.com>, Aman Lekhi <lekhi.aman@gmail.com>, "ashokpanda007@yahoo.co.in" <ashokpanda007@yahoo.co.in>, "SeniorAdv@gmail.com" <SeniorAdv@gmail.com>, Madhavi Divan <divanmail@gmail.com>, "shyamdiwan@gmail.com" <shyamdiwan@gmail.com>, "mehtavikas@hotmail.com" <mehtavikas@hotmail.com>, Sanjay Hegde <sanjayrhegde@gmail.com>, Raian Karanjawala <rnk88888@gmail.com>, manik karanjawala <manikkaranjawala@gmail.com>, "Karanjawala & Co." <karanjawala@karanjawala.in>, "Sandeep.kapur@karanjawala.in" <Sandeep.kapur@karanjawala.in>, "apurva.vishwanath@theprint.in" <apurva.vishwanath@theprint.in>, "shekhar.gupta@theprint.in" <shekhar.gupta@theprint.in>, "feedback@theprint.in" <feedback@theprint.in>, "larry.culp@ge.com" <larry.culp@ge.com>, "lawrence.culp@ge.com" <lawrence.culp@ge.com>, "Puneet.Singh@ic.fbi.gov" <Puneet.Singh@ic.fbi.gov>, Kent Walker <kwalker@google.com>, Hemant Singh <hemant@inttladvocare.com>, rajiv luthra <rajiv@luthra.com>, Amarjit Singh Chandhiok <achandhiok@gmail.com>, "cia_foia@ucia.gov" <cia_foia@ucia.gov>, Rajeeve Mehra <mehralaw@gmail.com>, "rakeshkhanna2005@yahoo.co.in" <rakeshkhanna2005@yahoo.co.in>, Rakesh Khanna <rakeshkhanna2005@gmail.com>, "jmsharma@jmsharma.co" <jmsharma@jmsharma.co>, jitendra sharma <jmsharma.ind@gmail.com>, "vikrantyadav@hotmail.com" <vikrantyadav@hotmail.com>, preeti singh <preetisingh1324@gmail.com>, Vikas Bansal <bansalvikas14b@gmail.com>, "rohit.pandey4587@gmail.com" <rohit.pandey4587@gmail.com>, jayant sud <jayantsud@gmail.com>, "janakalyandas@yahoo.co.in" <janakalyandas@yahoo.co.in>, "janakalyandas@gmail.com" <janakalyandas@gmail.com>, "vinaygargin@yahoo.com" <vinaygargin@yahoo.com>, Manjeet Singh <advmanjeet@gmail.com>, "jkashmir@vsnl.com" <jkashmir@vsnl.com>, "jknpp@bol.net.in" <jknpp@bol.net.in>, "pradeep@pradeeprai.com" <pradeep@pradeeprai.com>, Anjali Chauhan <anjalichauhan73@gmail.com>, "anjali.chauhan96@yahoo.in" <anjali.chauhan96@yahoo.in>, Shamshravish Rein <shamshravish@gmail.com>, "sadhanasandhu@yahoo.co.in" <sadhanasandhu@yahoo.co.in>, mukti chowdhary <mukti1805c@gmail.com>, Aditya Singh <lex.aditya@gmail.com>, Amarjeet Singh Singh <amar.abhinav@gmail.com>, "umishra.adv@gmail.com" <umishra.adv@gmail.com>, sushma manchanda <sushmamanchanda6@gmail.com>, upendra narayan Mishra <unmishra.adv@gmail.com>, "dcp.nd@delhipolice.gov.in" <dcp.nd@delhipolice.gov.in>, Rupinder Suri <suri.rupinder@gmail.com>, Indira Jaising <indirajaising@gmail.com>, Upendra Baxi <baxiupendra@gmail.com>, Babu Mathew <babumathewtu@gmail.com>, "madhu05.m m" <madhu05.m@gmail.com>, "pratiksha.baxi@gmail.com" <pratiksha.baxi@gmail.com>, Kavita Krishnan <kavitakrish73@gmail.com>, "anitaabrahm@gmail.com" <anitaabrahm@gmail.com>, pritarani jha <pritarjha@gmail.com>, Maja Daruwala <maja.daruwala@gmail.com>, Miloon Kothari <miloon.kothari@gmail.com>, "suneeta.dhar@jagori.org" <suneeta.dhar@jagori.org>, Kalpana Viswanath <viswanath.kalpana@gmail.com>, "programmes@pldindia.org" <programmes@pldindia.org>, Anand Grover <anandgrover@gmail.com>, Vrinda Grover <vrindagrover@gmail.com>, "wri.delhi@lawyerscollective.org" <wri.delhi@lawyerscollective.org>, "aidslaw1@lawyerscollective.org" <aidslaw1@lawyerscollective.org>, "dcp-nd@delhipolice.gov.in" <dcp-nd@delhipolice.gov.in>, "standingcounselcriminal@gmail.com" <standingcounselcriminal@gmail.com>, "reg.pkgera@sci.nic.in" <reg.pkgera@sci.nic.in>, "sec.x@sci.nic.in" <sec.x@sci.nic.in>, "dcp-cybercell-crime-dl@delhipolice.gov.in" <dcp-cybercell-crime-dl@delhipolice.gov.in>, "a_s_c@airtelmail.in" <a_s_c@airtelmail.in>, "justicekatju@gmail.com" <justicekatju@gmail.com>, "abhijat.bal@gmail.com" <abhijat.bal@gmail.com>, "mohitchandmathur@hotmail.com" <mohitchandmathur@hotmail.com>, "addl-dcp1-nd-dl@delhipolice.gov.in" <addl-dcp1-nd-dl@delhipolice.gov.in>, "pa2addldcpndd@gmail.com" <pa2addldcpndd@gmail.com>, "supremecourt@nic.in" <supremecourt@nic.in>, Sapra Consultants <sapraconsultants@gmail.com>, "sapralegal@gmail.com" <sapralegal@gmail.com>, seema sapra <seemasapra@hotmail.com>, "dcbi@cbi.gov.in" <dcbi@cbi.gov.in>, "helpline@eda.admin.ch" <helpline@eda.admin.ch>, dcp-south-dl@nic.in, criminalstandingcounsel@gmail.com, reg.avanipalsingh@sci.nic.in, jpsharma.dir@gmail.com, kpsingh0202@gmail.com, director.hoticulture1@ndmc.gov.in, babukhanaddl.dh@gmail.com, horticulture07@gmail.com, bssharmandmc@gmail.com, jsdabas45@gmail.com, ddhorticulture2@ndmc.gov.in, Sp.ndmc@gmail.com, director.horticulture1@ndmc.gov.in, Jogender.s.dabas@gmail.com, dr.vinod_verma@yahoo.co.in, jkaushik850@gmail.com, vineetndmc@gmail.com, dkravi72@gmail.com, rk9911991398@gmail.com, ajayrn30@gmail.com, sunilpanwarailum@gmail.com, tomar1980up@gmail.com, k.nitin5555@gmail.com, sandeepgi.sharma@gmail.com, parveenrana24@gmail.com
Cc: Sapra Consultants <sapraconsultants@gmail.com>, Seema Sapra <seema.sapra@gmail.com>
I have filed the following applications in the Supreme Court of India today. These are attached and reproduced below. The filing numbers are 193628/2019 and 193637/2019.
Meanwhile I continue to be stalked, targeted and poisoned.
I am being poisoned in Lodhi garden where I am trying to sleep. In addition, I am being poisoned outside gate 8 of the Delhi High Court at night.
Further, I am being poisoned in public places, on streets, in hotels. At any given time, I am being followed by several men.
Seema Sapra
General Electric Company whistle-blower
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. NO. OF 2019
CRIMINAL APPEAL NO. 1238 OF 2019
IN THE MATTER OF
SEEMA SAPRA …Appellant/Petitioner
Versus
COURT ON ITS OWN MOTION … Respondent
APPLICATION FOR DIRECTIONS TO THE SUPREME COURT REGISTRY TO SEND THE ORDERS DATED 14 AUGUST 2019 and 26 NOVEMBER 2019 PASSED IN THIS MATTER TO THE COMMISSIONER OF DELHI POLICE FOR NOTICE, INFORMATION AND COMPLIANCE
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. During the hearing of IA 165983/2019 on 26 November 2019, the following directions were issued as part of the order.
It will be also open to the applicant to pursue with the Delhi Police for appropriate arrangement in terms of order dated 01.03.2019, reproduced in paragraph 25 above. If any further representation is received from the applicant, the same be dealt with in accordance with law. If representation has already been filed, the same be considered by the concerned authority of Delhi Police in right earnest so as to ensure the safety and security of the applicant.
2. While the order was being dictated, Ms Seema Sapra had requested that the Supreme Court Registry be directed to send a copy of the order dated 26 November 2019 to the Commissioner of Police for Delhi for information, notice and compliance. The Bench had orally observed that this would be done by the Registry in the usual course. However, the Supreme Court Registry has failed to do this.
3. The present application therefore seeks express and clear directions from this Hon’ble Court to the Supreme Court Registry to forward copies of the orders dated 14 August 2019 and 26 November 2019 to the Commissioner of Police for Delhi so that the Delhi Police is made aware of these orders of this Hon’ble Court and so that the Delhi Police can comply with these orders.
4. The Appellant submits that whenever any directions are issued by this Hon’ble Court in any judicial order to any State agency, the Supreme Court Registry as its normal practice dispatches such order to the concerned State agency for compliance. It is therefore a matter of deep concern that the Supreme Court Registry has failed to forward to the Commissioner of Police the orders of this Hon’ble Court issuing directions to the Delhi Police.
5. The Petitioner submits that she has no faith in the Delhi Police. She has been repeatedly drugged, poisoned, attacked, threatened, assaulted by policemen in the past in the Delhi Police headquarters, in several police stations, in the offices of the Joint Commissioner of Police, in the offices of the Deputy Commissioner of Police, and in public spaces. In fact, the order dated 14 August 2019 itself notes the Petitioner’s complaint that she was beaten up by two policemen outside the Delhi High Court in the early hours of 1 March 2019. Subsequent to the order passed by Hon’ble Justice Bobde on 1 March 2019 in Writ Petition Civil 13/2019 and Writ Petition Civil 1027/2019, the Petitioner has been attacked, and threatened by the staff of the Deputy Commissioner for New Delhi and police associated with the Parliament Street Police Station when she went to the DCP’s office to meet the then incumbent Mr Madhur Verma with a copy of the 1 March 2019 order. The Petitioner was also threatened by the SHO of the Tuglak Road police station when she went to meet him on 5 August 2019.
6. The Petitioner is frightened of being attacked or even murdered if she goes to any office of the Police or to any Police Station. The Petitioner has forwarded copies of the orders dated 14 August 2019 and 26 August 2019 to the Commissioner of Police, Delhi and to his subordinate officers by email but as usual these have been ignored.
7. The Petitioner is being targeted and poisoned by both lawyers and the police acting together. As such, the petitioner sees no benefit in trying to get police protection, The Petitioner’s petitions before the Supreme Court including Writ Petition Civil 13/2018 and Writ Petition Civil 1027/2018 have both sought court orders to the Home Ministry to protect the Petitioner and to provide her with Z+ security. Both Writ Petition Civil 13/2018 and Writ Petition Civil 1027/2018 have been wrongly disposed off by this Hon’ble Court’s order dated 14 August 2019 solely on an assumption by the Court of an incorrect fact, namely, that the Petitioner had approached the High Court for similar relief. This inaccuracy in the order dated 14 August 2019 has now been corrected by the order dated 26 November 2019. The Petitioner is moving separate applications for the consequent relief of reinstatement/ restoration of Writ Petition Civil 13/2018 and Writ Petition Civil 1027/2018.
8. Nevertheless, in the meantime, this application requests that the Supreme Court registry send the copies of the orders dated 14 August 2019 and 26 November 2019 to the Commissioner of Delhi Police for information, notice and compliance.
9. The Police continues to be misused in targeting, stalking following, threatening and poisoning the Appellant even today. The Petitioner is being poisoned in Lodhi Garden where she is trying to sleep. Every night she is also being poisoned outside gate 8 of the Delhi High Court. The Petitioner is being followed wherever she goes. The Police is involved in these attacks upon the Petitioner.
10. Daily complaints of poisoning, stalking, targeting and harassment are being sent by the Petitioner to the Commissioner of Police, to several other police officers, to the DCP for New Delhi and to SHOs of several police stations on email which are being simply ignored.
11. The present application is being made in the interest of justice.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Application and:-
(i) Direct the Supreme Court Registry to send certified copies of the orders dated 14 August 2019 and 26 November 2019 to the Commissioner of Police for Delhi for the notice, information of and compliance by the Delhi Police;
(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: 16/12/2019
FILED ON: 16/12/2019
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. NO. OF 2019
CRIMINAL APPEAL NO. 1238 OF 2019
IN THE MATTER OF
SEEMA 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 directions to the Supreme Court Registry in this matter 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 above Affidavit 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 16th day of December 2019.
DEPONENT
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. NO. OF 2019
CRIMINAL APPEAL NO. 1238 OF 2019
IN THE MATTER OF
SEEMA SAPRA …Appellant/Petitioner
Versus
COURT ON ITS OWN MOTION … Respondent
APPLICATION UNDER ARTICLE 142 OF THE CONSTITUTION OF INDIA FOR MODIFICATION/ RECTIFICATION/ CLARIFICATION OF ORDER DATED 14 AUGUST 2019 AND FOR CONSEQUENTIAL RELIEF
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 present application is being filed invoking Article 142 of the Constitution of India which confers upon the Supreme Court of India the jurisdiction and power to pass any order “as is necessary for doing complete justice in any cause or matter”.
2. On 14 August 2019, this Court disposed of Writ Petition Civil 1027/2018 filed by the Petitioner, an Advocate Ms Seema Sapra with the following observation:
32. As noted while disposing of the accompanying writ petition, we deem it appropriate to dispose of even this writ petition with liberty to the petitioner to pursue remedy before the Delhi High Court, already filed by the petitioner. In our opinion, it may not be appropriate to permit the petitioner to approach different forums for overlapping issues concerning her security or her grievance regarding inaction of the Authorities to process her complaint regarding sexual harassment. Accordingly, we dispose of this writ petition with liberty to the petitioner to pursue remedy before the Delhi High Court in the pending proceedings or by way of substantive proceedings so that all the overlapping issues can be considered by the Court appropriately.
3. It is important to point out the relief that was sought n Writ Petition Civil 1027/2018.
(i) Issue a writ of Mandamus to Respondent 1, the Government of India through the Ministry of Home Affairs to act on the Petitioner’s complaint forwarded to the President and Prime Minister of India by email dated February 12, 2013 and to constitute a high level complaints committee in accordance with the Supreme Court’s directions in Vishaka & Others v. State of Rajasthan & Others and in Medha Kotwal Lele and Others v. Union of India and Others to investigate zand redress the petitioner’s complaint of sexual harassment against Mr Soli J. Sorabjee, when the latter held the constitutional post of Attorney General of India;
(ii) Direct the CBI and Police to register an FIR against Soli J Sorabjee for sexually assaulting the petitioner and attempting to rape her after plying her with alcohol and after possibly drugging her;
(iii) Direct the Supreme Court Gender Sensitisation and Internal Complaints Committee to examine the petitioner’s complaint of sexual harassment against Raian N Karanjawala;
(iv) In the alternative to prayer (i), direct the Supreme Court Gender Sensitisation and Internal Complaints Committee to examine the petitioner’s complaint of sexual harassment against Soli J Sorabjee;
(v) Direct the respondent no. 1 to provide the petitioner with Z+ security;
(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.
4. Writ Petition Civil 1027/2018 was therefore disposed of by this Court by order dated 14 August 2019 without a hearing or decision/finding on merits, and only because the Court erroneously assumed that a similar or connected writ petition had been filed in the Delhi High Court. No such writ petition has been filed in the Delhi High Court.
5. The Petitioner filed IA 165983/2019 on 25 October 2018 seeking clarification/ rectification of order dated 14 August 2019 with respect to observations on IA 300030/2018 and an incorrect statement of fact in paragraph 25 of the said order, and in which application, the following was pointed out:
26. It is pointed out that in its common order dated 14 August 2019 passed in the present appeal and in Writ Petition Civil No. 13/2018 and Writ Petition Civil 1027/2018, this Hon’ble Court has assumed an incorrect fact and proceeded on that basis. By virtue of order dated 14 August 2019, both Writ Petition Civil 13/2018 and Writ Petition Civil 1027/2018 have been disposed off without being heard or decided on merits only because the Hon’ble Court notes that the Petitioner in those writ petitions (who is the Appellant here, Ms Seema Sapra) has filed a petition in the Delhi High Court for similar relief. With great respect, it is pointed out that this assumption of fact by this Hon’ble Court in its order dated 14 August 2019 is completely incorrect. Ms Seema Sapra has not filed any other petition in the Delhi High Court and had elected to enforce her fundamental rights under Article 32 in Writ Petition Civil 13/2018 and Writ Petition Civil 1027/2018. The Appellant again unambiguously states that she has not filed a petition in the Delhi High Court for the relief sought in Writ Petition Civil 13/2018 and Writ Petition Civil 1027/2018.
27. In paragraph 25 of the order dated 14 August 2019, it is stated that “During the course of hearing, we were informed by the petitioner that she has filed a writ petition in the Delhi High Court.” As already clarified this statement is incorrect. Ms Seema Sapra had and has not filed any writ petition in the Delhi High Court at all.
28. It is therefore prayed that this statement in paragraph 25 of the order dated 14 August 2019 (“During the course of hearing, we were informed by the petitioner that she has filed a writ petition in the Delhi High Court.”) be removed from the order/ be expunged and the record be corrected to accurately reflect that Ms Seema Sapra had not filed any writ petition in the Delhi High Court, This clarification/ correction of the order is important because this incorrect fact ought not to have been the reason for this Hon’ble Court to dispose off Writ Petition Civil 13/2018 and Writ Petition Civil 1027/ 2018 without hearing or disposal on merits. As a result of this error by the Hon’ble Court, the Appellant (Ms Seema Sapra) has been poisoned repeatedly since 14 August 2019 with acidic and corrosive chemicals, pesticides, organophosphates and other noxious chemicals. She has chemical burns and blisters inside her mouth, in the last one month, the enamel of her teeth has eroded because of exposure to acidic inhalants. She is unable to breathe properly. And she has no place to sleep and is being compelled to get some sleep in a tent in Lodhi Gardens where she is being poisoned by persons approaching her tent, being harassed, stalked, intimidated, attacked and threatened. The Police is being used to stalk, target, harass and poison the Appellant with very senior police officers involved. The Police is complicit in the poisoning of the Appellant and is being used to hunt down the Appellant like prey.
6. This IA 165983/2019 was allowed by this Court by order dated 26 November 2019, and paragraph 25 of the order dated 14 August 2019 was amended interalia to delete the following portion and (specifically the statement that “During the course of hearing, we were informed by the petitioner that she has filed a writ petition in the Delhi High Court.)”
Portion deleted on 26 November 2019 from paragraph 25 of order dated 14 August 2019
“During the course of hearing, we were informed by the petitioner that she has filed a writ petition in the Delhi High Court. In that case, the petitioner may pursue that remedy to its logical end. If the relief claimed in the said writ petition is insufficient, it will be open to the petitioner to amend the said writ petition and/or to file a
substantive writ petition if fresh cause of action has arisen.
7. Therefore, as this Court has now acknowledged the correct factual position that no other similar or connected writ petition (in relation to either Writ Petition Civil 13/2018 or Writ Petition Civil 1027/2018) had or has been filed by the Petitioner before the Delhi High Court, it is necessary in the interest of doing complete justice that the Court direct the restoration of both Writ Petition Civil 13/2018 and Writ Petition Civil 1027/2018 and direct the Registry to list these two cases for hearing on merits.
8. As a matter of fact, during the hearing on 26 November 2019, this Court had accepted the Petitioner’s submission that in view of this court’s factual error in paragraph 25 of order dated 14 August 2019, Writ Petition Civil 1027/2018 was wrongly disposed off. The Petitioner had also submitted during the hearing on 26 November 2019 that Writ Petition Civil 1027/2018 which included prayers for directions to Supreme Court Judges chairing and comprising the Supreme Court Gender sensitization/ sexual harassment committee could only be heard by the Supreme Court and not by the High Court as the latter would have no authority to issue directions to Supreme Court Judges. The Bench during the hearing on 26 November 2019 had appreciated the force of these submissions and had stated that the Petitioner was free to re-file Writ Petition Civil 1027/2018 in the Supreme Court and that this liberty to the Petitioner to re-file Writ Petition Civil 1027/2018 as a fresh petition before the Supreme Court would be clarified in the order. A sentence stating that this liberty was available to the Petitioner was actually dictated in court but is missing from the typed order dated 26 November 2019.
9. It is submitted that since this Hon’ble Court has accepted that it erroneously stated in its 14 August 2019 order that the Petitioner had approached the High Court and since this Hon’ble Court has since deleted the in-correct statement of fact from paragraph 25 of the order dated 14 August 2019, the consequential correction must also apply to paragraph 32 of the order dated 14 August 2019. Since the sole basis in paragraph 32 for this Court to have disposed off Writ Petition Civil 1027/2018 without a hearing on merits was the “non-existent” petition filed in the Delhi High Court, it would now be necessary in the interest of justice to restore Writ Petition Civil 1027/2018 and to direct it to be placed before the Court for hearing and disposal on merits.
10. Paragraph 32 of the order dated 14 August 2019 is based upon the following statement in paragraph 25 of the same order - “During the course of hearing, we were informed by the petitioner that she has filed a writ petition in the Delhi High Court.” Since this statement has now been deleted from paragraph 25 because it was erroneous in fact, it must necessarily follow as a consequence, that paragraph 32 must also be expunged as it is based upon incorrect facts and Writ Petition Civil 1027/2018 must be restored.
11. The Petitioner invokes and relies upon Article 142 of the Constitution of India in this application and invokes the power and jurisdiction of this Hon’ble Court to do complete justice. The Petitioner’s rights under Article 32, especially in a petition complaining of sexual harassment and sexual assault by two powerful lawyers, must not be defeated as a result of a factual error by this Hon’ble Court which has resulted in a denial of the hearing of the Writ Petition and therefore in injustice.
12. It is clarified that the present application seeks restoration of Writ Petition Civil 1027/2018 for a hearing on merits. It does not seek a review of the order dated 14 August 2019. The order dated 14 August 2019 has not passed any order on the merits of Writ Petition Civil 1027 and therefore a review will not lie.
13. Though there are innumerable Supreme Court decisions on Article 142, the following passage from an Essay on Article 142 by Dr B S Chauhan, a former Judge of the Hon’ble Supreme Court titled “Courts and its endeavour to do Complete Justice” is a good summary of Article 142 and its exhortation to the Supreme Court to do complete justice and also establishes the case for the need to apply Article 142 to the prayers in the present application.
In light of the above, it can be said that the functioning of the apex court is largely governed by its endeavor to ensure that justice is done. It does not function as a conventional court intending to decide matters between parties following the rigors of procedure, though is not
marked by complete absence of it. Rather, the Supreme Court’s functioning may be termed as more of a supervisory jurisdiction ensuring that any decision of a court or tribunal has not lead to injustice to any of the parties. It is for this very purpose that the apex court was entrusted with great plenary power in the form of Article 142 which says that the Supreme Court in the exercise
of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
It is to be noted that this article uses the word `complete justice` rather than the term `justice`. This is because complete justice travels much beyond the concept of giving justice to a party. Complete justice strives at imparting justice not just for one side alone, but for all. Even if a party has wronged another, the court cannot become an instrument to perpetuate wrong upon him. The expression `complete justice` engrafted in Article 142 is of wide amplitude “couched with elasticity to meet myriad situation”. Complete justice is justice according to law and the Supreme Court would be well within its power to even mould the relief so sought by the parties
to ensure that no illegality is perpetuated. The main purpose of Article 142 and the endeavor to do complete justice has been explained by this court in Manohar Lal Sharma v. Principal Secy & Ors. wherein the apex court held that `the Supreme Court has been conferred with very wide powers for proper and effective administration of justice. The Court has inherent power and jurisdiction for dealing with any exceptional situation in larger public interest which builds confidence in the rule of law and strengthens democracy. The Supreme Court as the sentinel on the qui vive, has been invested with the powers which are elastic and flexible and in certain areas
the rigidity in exercise of such powers is considered inappropriate. In Shahid Balwa v. Union of India & Ors., the court said that Article 136 read with Article 142 of the Constitution of India enables this Court to pass such orders, which are necessary for doing complete justice in any cause or matter pending before it and, any order so made, shall be enforceable throughout the territory of India. The power to do complete justice under Article 142 is in the nature of a corrective measure whereby equity is given preference over law to ensure that no injustice is caused.
Equipped with such great discretionary powers, the Supreme Court has often taken up the task of ensuring that honest parties are not the ultimate suffers and that the guilty/or the wrong is ultimately punished. Power under Article 142 is very wide and can be used to pass any order which the court thinks is necessary for doing complete justice between the parties. There can be no straight jacket formula for its exercise nor there can be any fetters or limited scope of application for the powers under Article 142 is plenary in nature. It seeks to ensure that no injustice is caused by the rigors of law or due to the perversity of findings recorded by the courts below or such cases. It acts as an equity jurisdiction without losing the characteristics of being an action in accordance with law. Article 142 is used as a tool to balance the conflicting interests of the parties and to ensure that ultimately, the righteous succeeds. It is an inherent power and jurisdiction for dealing with any extraordinary situation in the larger interests of administration of justice and for preventing any manifest injustice being done. However, the power is to be exercised only in exceptional circumstances for furthering the ends of justice and not in a casual and a mechanical manner. The purpose of Article 142 is to do effective, real and substantial justice, coextensive and commensurate with the needs of justice in a given case in order to meet any exigency that may arise. However, it is not to be exercised in a case where there is no basis in law which can form an edifice for building up a superstructure. Keeping these principles in mind, the apex court has not hesitated to exercise its power under Article 142, though fully aware of the restraints in judicial decision making process, in order to do complete justice.
14. As paragraph 32 of the order dated 14 August 2019 reproduced hereinabove shows, the only reason for the Supreme Court to have disposed off Writ Petition Civil 1027/2018 was the assumption by the Court of a completely incorrect fact, namely that the Petitioner had approached the High Court in a writ petition for similar relief. The Petitioner has not done that. There is no similar or connected petition before the High Court. This correct fact has now been accepted by the court in its order dated 26 November 2019. The effect of this is that paragraph 32 of the order dated 14 August 2019 cannot stand. The consequential relief that must flow from this is that this Hon’ble Court must direct the reinstatement of Writ Petition Civil 1027/2018 and direct the registry to list the case for hearing.
15. It is further submitted that paragraph 32 of the order dated 14 August 2019 cannot stand and must be deleted from the order dated 14 August 2019. Paragraph 32 as it reads can be construed by the Supreme Court Registry to prevent the Petitioner from refiling her sexual harassment petition in the Supreme Court. The effect of deletion of paragraph 32 from the order dated 14 August 2019 must be the restoration of Writ Petition Civil 1027/2018 for a hearing and decision on merits.
16. The present appeal has been admitted and the operation of the impugned order stayed by this Hon’ble Court on 14 August 2019, by a common order passed in Criminal Appeal Diary No. 10342/2019 and in Writ Petition Civil 13/2018 and Writ Petition Civil 1027/2018.
17. The present application is being made in the interest of justice.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Application and:-
(i) Delete/ expunge paragraph 32 from the order dated 14 August 2019 as it is admittedly factually incorrect as no petition as stated therein has actually been filed in the Delhi High Court;
(ii) Direct the consequential restoration of Writ Petition Civil 1027/2018 and direct the Supreme Court Registry to list the restored Writ Petition Civil 1027/2018 for hearing;
(iii) Clearly and unambiguously clarify that the Petitioner has the liberty to and is entitled in law to refile before the Supreme Court her writ petition seeking redress of her sexual harassment and sexual assault complaints against Soli J. Sorabjee and Raian N. Karanjawala and expressly clarify that nothing in Order/ Judgment dated 14 August 2019 prevents/ restricts / bars her from doing so;
(iv) Direct that the Supreme Court Registry will not create any unlawful, arbitrary or malafide obstruction/ impediment to the Petitioner refiling her writ petition on her complaints of sexual harassment and sexual assault against Soli Sorabjee and Raian Karanjawala and that the Registry will expeditiously process, register and list for hearing any such refiled petition in accordance with law and in accordance with Supreme Court rules;
(v) 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: 16/12/2019
FILED ON: 16/12/2019
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. NO. OF 2019
IN
CRIMINAL APPEAL NO. 1238 OF 2019
IN THE MATTER OF
SEEMA 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 under Article 142 of the Constitution of India seeking modification/ rectification/ clarification of order dated 14 August 2019 and for consequential relief 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 above Affidavit 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 16th day of December 2019.
DEPONENT
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