IN THE
HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL CRIMINAL JURISDICTION
CRL MISC APPLICATION NO 27152 OF
2023
IN
WRIT PETITION CRIMINAL NO. 2469 OF 2023
IN THE MATTER OF
SEEMA SAPRA … Petitioner
DELHI POLICE COMMISSIONER & Others
.. RESPONDENTS
APPLICATION UNDER SECTION 482 CRPC AND INVOKING THE
INHERENT POWERS OF THIS HON’BLE COURT SEEKING TO PLACE ON RECORD THE AUDIO
RECORDING OF THE ASSAULT ON AND BEATING OF THE PETITIONER BY TWO POLICEMEN
OUTSIDE DELHI HIGH COURT ON 1 MARCH 2019 AND SEEKING REJECTION OF THE UNLAWFUL
AND FALSE STATUS REPORT OF THE SHO TILAK MARG POLICE STATIOPN SIGNED ON 4
OCTOBER 2023 ALONG WITH OTHER PRAYERS
The application of the Petitioner most respectfully
showeth :-
1. The
present application is being filed as a preliminary and urgent response to an
alleged status report of the Delhi Police filed in this matter and purportedly
signed by the SHO of Tilak Marg Police Station on 4 October 2023. This was sent
to the Petitioner through WhatsApp by Harkesh Meena of Tilak Marg Police
Station on 5 October 2023.
2. The
Petitioner submits that this Status Report is false, fraudulent, contains
fabricated evidence and amounts interalia to the offences of perjury, giving
false evidence and is intended to obstruct an FIR on a complaint of cognizable
offences. A detailed reply will be filed and the Petitioner seeks two weeks
time as a copy was served on the Petitioner only on 5 October 2023.
3. The
alleged Status Report is contrary to and in violation of the Supreme Court
Order dated 1 March 2019 which specifically directed that Tilak Marg Police
Station will keep away from the complaint of assault and the FIR will be filed
with the DCP New Delhi. Hence, the SHO of Tilak Marg Police Station has no
business filing the present status Report. The Status Report must be rejected
by this Court on this ground alone and the SHO must be made to answer why he
signed this report and on whose instructions.
4. The
Status Report does exactly what the Supreme Court was worried the Tilak Marg
Police Station will do, it attempts a cover up.
5. The
entire Status Report is merely a reproduction of the version of the Policemen
accused by the Petitioner of assaulting her, beating her and snatching her
phone which was returned to her broken and with data deleted.
6. The
Petitioner has an audio record of the entire incident and this audio file is
accessible and can be listened to at the following link where it has been
uploaded. A copy is available with the Petitioner on a USB drive and can be
furnished to the Court. https://drive.google.com/file/d/11Rjk7_Xkd94zUzapPxZ6flhAGnn01j1W/view?usp=sharing
7.
This audio recording
with a length of 01.08.19 (One hour eight minutes) clearly
establishes that the Petitioner was assaulted and beaten by the two policemen
and her phone was snatched. The audio recording also shows that just before the
assault the two policemen attempted to run over the Petitioner with their car. This
Audio recording completely exposes the false story concocted by the Police in
para 5 of the Status Report. This audio recording is incontrovertible evidence
of the Police assault on the Petitioner.
8. The
statements in paras 6 and 7 of the Status Report are demonstrably false from
the court record.
9. The
statements in paras 8 and 9 are only attempts by the Delhi Police to smear the
Petitioner. The statements attributed to the judgment in WP Civil 1280/ 2012
are only intended to smear the Petitioner. That Judgment is vitiated by fraud
and was perverse and malafide. This will be established by the Petitioner
through the Court record. In any case, the statements are completely irrelevant
to the complaint and evidence of assault on the Petitioner by two Policemen
outside Delhi High Court on 1 March 2019, but in any case these statements will
be answered by the Petitioner.
10. The
use of the Delhi Police to smear and target the Petitioner is once again made
amply clear by the contents of this Status Report.
11. The
statement in para 4 of the Status Report that there was no direction to the DCP
in the Supreme Court Order dated 1 March 2019 is a gross, perverse, malafide
and deliberate misinterpretation of the Supreme Court Order in a statement by
Delhi Police signed by the SHO Tilak Marg Police Station and intended to protect
the DCP and Delhi Police from the charge of contempt of court for wilful,
deliberate and continuing violation by DCP New Delhi and Delhi Police of the
Supreme Court Order dated 1 March 2019.
12. It
is also clear from this Status Report that Delhi Police has no intention of
complying with the protection
orders dated 1 March 2019 passed in Supreme Court Writ Petition Civil 13/ 2018
and dated 1 June 2023 passed in Dehi High Court WP Crl 437/ 2018. Instead, the
Delhi Police has again been used to both target and smear the Petitioner.
PRAYER
It
is, therefore prayed that this Hon'ble Court may allow this Application and:
1. Refuse
to accept the Status Report signed by the SHO Tilak Marg Police Station on 4
October 2023;
2. Direct
the DCP South West to file an affidavit to show compliance if any with the
Delhi High Court Protection Order dated 1 June 2023 passed in WP Crl 437/ 2018
instead of a status report and direct that the copy of this affidavit of
compliance with Order dated 1 June 2023 to be filed by DCP South West be served
upon the Petitioner in one week so that she can file her response;
3. Take
on record and take notice of the Audio file (length 01.08.19 One hour eight
minutes) containing the audio record of the entire incident of the assault on
the Petitioner by two Policemen on 1 March 2019 available also at the link
https://drive.google.com/file/d/11Rjk7_Xkd94zUzapPxZ6flhAGnn01j1W/view?usp=sharing
4. Direct
the immediate registration of an FIR by DCP New Delhi on the Petitioner’s
complaint that she was abused, threatened, intimidated, brutally physically
assaulted (repeatedly slapped and punched on her face, head, upper body and
dragged on the ground by two Policemen outside Delhi High Court in the early
hours of 1 March 2019 and that her phone was snatched and returned to her later
in the evening of 1 March 2019 in a broken condition with memory card erased
and evidence destroyed and also that these two Policemen attempted to run over
the Petitioner with her car;
5.
Direct Respondent No. 4 (Secretary,
Ministry of Home Affairs, Government of India) to immediately provide
protection to the Petitioner.
6.
Direct that the Tilak Marg Police station,
including the SHO and all/ any staff will not be involved with WP Crl 2469/
2023, or with the Petitioner’s complaint of assault on 1 March 2019 or with the
resulting FIR/ Investigation, and nor will they be involved in the filing of
any affidavit/ status report in this case.
7.
Order a Delhi Police vigilance enquiry by
a Joint Commissioner level Police Officer into how Inspector Hankesh Meena of
PS Tilak Marg has appeared in WP Crl 2469/2023 on 31 August 2023, 6 September
2023, 20 September 2023, 26 September 2023 and how he has issued instructions
to Additional Standing Counsel for Delhi Police Mr Amol Sinha and Mr Anand
Khatri;
8.
Order a Delhi Police vigilance enquiry by
a Joint Commissioner level Police Officer into how SHO of PS Tilak Marg has
signed and filed the Status Report;
9.
Direct the Commissioner of Police Mr
Sanjay Arora to have the protection orders dated 1 March 2019 passed in Supreme
Court Writ Petition Civil 13/ 2018 and dated 1 June 2023 passed in Dehi High
Court WP Crl 437/ 2018 complied with forthwith in accordance with law;
10. To pass such other orders and further orders
as may be deemed necessary on the facts and in the circumstances of the case.
FILED BY:
SEEMA SAPRA
PETITIONER-IN-PERSON
FILED ON: 5 October 2023
No comments:
Post a Comment