Wednesday, February 5, 2020

I.A. No. 123155/2019 filed in Supreme Court on 16 August 2019


IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. NO. 123155 OF 2019
CRIMINAL APPEAL NO.  1238 OF 2019


IN THE MATTER OF
SEEMA SAPRA                                         …Appellant/Petitioner

Versus

COURT ON ITS OWN MOTION                     Respondent


APPLICATION FILED PRAYING THAT THE JUDUCIAL ORDERS OF THIS HON”BLE COURT RECORD THE IMPORTANT STATEMENTS/ SUBMISSIONS MADE BY THE APPELLANT TO THE COURT THAT SHE IS BEING POISONED, IS HOMELESS AND IS SLEEPING/ TRYING TO SLEEP  IN LODHI GARDEN AS THESE FACTS STATED BY THE APPELLANT ARE MISSING FROM THE ORDER DATED 14 AUGUST 2019 AND FROM THE EARLIER ORDERS DATED 29/3/2019, 11/4/2019, AND 12/7/2019.

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 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.
2.                 This Appeal and two Writ Petitions filed by the Appellant (being Writ Petition Civil 13/2018 and Writ Petition Civil 1027/2018) were listed before Justice Khanwilkar and Justice Ajay Rastogi on 29/3/2019, on 11/4/2019, and on 12/7/2019.
3.                 The Petitioner filed IA 61232/2019 in Writ Petition Civil 13/2018 on 10 April 2019.
4.                 The Petitioner filed I.A.  NO.  62789 OF 2019 in Writ Petition Civil 13/2018 on 12 April 2019.
5.                 The Petitioner filed I.A.  NO.  99303 OF 2019 in Writ Petition Civil 13/2019 on 9 July 2019.
6.                 The Petitioner also filed IA 110313/2019 in Criminal Appeal Diary No. 10342/2016 (now Criminal Appeal 1238/219) on 26 July 2019.
7.                 On 29/3/2019, 11/4/2019 and on 12/7/2019, the Petitioner made interalia the following statements to the Court.

On 11/4/2019, the Appellant told the Court that she was being poisoned and that a medical examination on the day would confirm poisoning. The Appellant stated that she could collapse anytime. The Appellant was then staying at the New Delhi YMCA Tourist Hostel where highly poisonous gases, chemicals, fumes and even anaesthetic agents were being released into her room even when she was asleep. The Appellant stayed there till 4 July.
The Appellant told the Court on 11/4/2019 that she was being poisoned where she was then residing including with anaesthetic chemical fumes and other toxic and poisonous chemical fumes being released into her room there.
The Petitioner told the Court that she was in a very bad condition because of the poisoning.
The Petitioner also informed the Court that since 4 July 2019, she was sleeping in Lodhi Gardens in a tent and was being poisoned there. She stated her dead body would be found. She stated she was being poisoned with poisonous, corrosive and toxic chemicals while asleep n her tent and was waking up breathless and with other alarming symptoms.
The Appellant told the Court that after she filed an application on 12 April 2019, she was being poisoned and sedated with some kind of anaesthetic fumes in her room at the New Delhi YMCA Tourist Hostel in the mornings to prevent her from being able to mention the application before the Court at 10.30.

8.                 The Petitioner also informed the Court that she was being poisoned in four applications accompanied with duly sworn affidavits which were filed between April and July 2019. These applications are IA 61232/2019 in Writ Petition Civil 13/2018 on 10 April 2019, I.A.  NO.  62789 OF 2019 in Writ Petition Civil 13/2018 on 12 April 2019, I.A.  NO.  99303 OF 2019 in Writ Petition Civil 13/2019 on 9 July 2019, IA 110313/2019 in Criminal Appeal Diary No. 10342/2016 (now Criminal Appeal 1238/219) on 26 July 2019.
9.                 The order dated 14 August 2019 endangers the Petitioner’s life by ignoring her multiple statements that she is being poisoned and that medical toxicology tests at AIIMS can confirm this poisoning. These tests will also confirm chronic poisoning. The Appellant is also being acutely poisoned at present and her life is in grave and immediate danger.
10.             The Appellant is being poisoned in Lodi Gardens where she has been trying to sleep since 4 July 2919. She is also not being allowed to sleep or rest, both of which deprivations are life threatening. Further she is being stalked, attacked including physically, threatened, mobbed, taunted, abused and harassed using the police when she is at Lodhi Gardens.
11.             It is submitted by the Order dated 14 August 2019 has wrongly disposed of Writ Petition Civil 13/ 2018 and Writ Petition Civil 1027/2018 citing an incorrect fact that a writ petition has been filed in the Delhi High Court by the Appellant. No such writ petition has been filed.
12.             The Petitioner was even poisoned on 15 and 16 August while she was asleep/ trying to sleep in Lodhi Gardens. This poisoning is life-threatening. The Appellant can collapse anytime. She will end up dead. Unless she is protected by this Court, she will not survive for the final hearing of this appeal.
13.             In these circumstances, the failure of this Hon’ble Court to record in its orders the statements of the Appellant that she is being poisoned amounts to the grossest possible abdication of its judicial obligations by this Court. The appellant is being eliminated extra-judicially outside the Court while her statements of poisoning have been ignored and omitted from the orders of this court.



PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Application and:-

(i)               Record in a judicial order the statement of the Petitioner that she was being poisoned while staying at the New Delhi YMCA Tourist Hostel where she stayed until 4 July 2019;
(ii)             Record in a judicial order the statement of the Appellant that she is homeless and since 4 July 219 she is being forced to sleep or attempt to sleep in a tent in Lodhi Gardens;
(iii)          Record in a judicial order the statement of the Appellant that she has not been allowed to work since 2010 and has had no money of her own since September 2012 and since then she is surviving on the charity of lawyers;
(iv)           Record in a judicial order that the Appellant is being poisoned in Lodi Gardens where she has been trying to sleep since 4 July 2919 and that she is also not being allowed to sleep or rest, both of which deprivations are life threatening and that she is also being stalked, attacked including physically, threatened, mobbed, taunted, abused and harassed with police complicity when she is at Lodhi Gardens.
(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: 16/08/2019
FILED ON: 16/08/2019
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
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 praying this the statements made by the Appellant before this Hon’ble Court that she is being poisoned, is homeless and is sleeping/ trying to sleep in Lodhi Gardens since 4 July 2019 be duly recorded in judicial orders 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 August 2019.

DEPONENT


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Table of Contents for the Supreme Court Record in Criminal Appeal 1238 of 2019 $GE #GE #MeToo #CORPGOV

Supreme Court Criminal Appeal 1238/2019  https://gewhistleblowerbattle.blogspot.com/2020/02/supreme-court-criminal-appeal-12382019.html ...