Wednesday, February 5, 2020

I.A. NO. 127773 OF 2017 filed in Supreme Court on 27 November 2017


IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. NO. 127773  OF 2017
CRIMINAL APPEAL NO. 10342 OF 2016
                            
IN THE MATTER OF
SEEMA SAPRA                                         …Appellant/Petitioner
Versus
COURT ON ITS OWN MOTION                     Respondent

I N D E X
_____________________________________________________
Sl. No.                    PARTICULARS                                        PAGES
______________________________________________________
1.     Application with prayer for directions to the Supreme
       Court Registry to maintain proper court records in this
       matter with affidavit

2.     Annexure IA 1 - Copy of order dated20 November 2017
       with four vital mistakes




3.     Annexure IA 2 - Copy of corrected order dated 20
November 2017


FILED BY:
SEEMA SAPRA
APPELLANT/PETITIONER-IN-PERSON
DRAWN ON:27.11.2017
FILED ON:27.11.2017




IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. NO.                 OF 2017
CRIMINAL APPEAL NO.  10342  OF 2016

IN THE MATTER OF
SEEMA SAPRA                                         …Appellant/Petitioner

Versus

COURT ON ITS OWN MOTION                     Respondent


APPLICATION WITH PRAYER FOR DIRECTIONS TO THE SUPREME COURT REGISTRY TO MAINTAIN PROPER COURT RECORDS IN THIS MATTER


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.                 This matter was listed before the Hon’ble Court on 20 November. The following interlocutory applications filed by the Appellant were also listed on that date.
IA No. unknown
Application for condonation of delay in filing the Appeal.
IA No. 111244/2017
Application with prayer for recall of order dated 27 October 2017 appointing ASG Senior Advocate Ms Pinky Anand as amicus in this matter
IA No. 122625/2017
Application with prayer to summon the Delhi High Court records of Writ Petition Civil No. 1280/2012, CONT. CASE(CRL) 2/2014, CONT.  CASE(CRL) 3/2012, and O.M.P.647/2012
IA No. 123144/2017
Application with prayer for reference of this appeal for hearing to a five Judge Constitution Bench of this Hon’ble Court

2.                 However, the order dated 20 November 2017 that was made available on the website of the Supreme Court had several mistakes. A copy of this order dated 20 November 2017 with four vital mistakes is annexed hereto as Annexure IA 1.


The Application for condonation of delay was neither mentioned in the cause-list for 20 November 2017 nor was it mentioned in the order dated 20 November 2017.
The Application for recall of order dated 27 October 2017 appointing ASG Senior Advocate Ms Pinky Anand as amicus in this matter though mentioned in the cause-list for 20 November 2017 was omitted in the order dated 20 November 2017.
The Application with prayer to summon the Delhi High Court records of Writ Petition Civil No. 1280/2012, CONT. CASE(CRL) 2/2014, CONT.  CASE(CRL) 3/2012, and O.M.P.647/2012 was wrongly shown as IA 122622/2017 both in the cause-list for 20 November 2017 and in the order dated 20 November 2017.
The Application with prayer for reference of this appeal for hearing to a five Judge Constitution Bench of this Hon’ble Court was wrongly shown in the order dated 20 November 2017 as IA No. 12133/2017.

3.                 The Appellant raised these matters with senior officers of the Supreme Court Registry and a corrected order for 20 November 2017 was made available on the Supreme Court website. A copy of this corrected order dated 20 November 2017 is annexed hereto as Annexure IA 2.

4.                 The Appellant is most concerned that her interlocutory application seeking orders to remove Ms Pinky Anand as amicus and in which application the appellant has stated that she was sexually harassed by RaianKaranjawala and sexually harassed and sexually assaulted by Soli Sorabjee and later threatened by Soli Sorabjee to drop her complaints against General Electric Company, was omitted from being shown as listed before the Hon’ble Court in the order dated 20 November 2017. The Appellant hopes that there was no attempt by these influential lawyers to use court staff to suppress this IA No. 111244/2017. If the Appellant had not noticed this vital omission and taken steps to request the Registry officers to have this order corrected, this IA No. 111244/2017 would have slipped through the cracks and would not even have been shown in the cause-list on the next date of hearing. Further, there is a grave and ongoing threat to the life of the Appellant. If the Appellant is harmed and is thereby prevented from appearing before this Hon’ble Court, there would have been nobody to point out this omission to the Court on the next date of hearing. This was a serious mistake.
5.                 The Appellant points out that the fact that there were material mistakes with respect to all of the interlocutory applications of the appellant in the order dated 20 November 2017 is unusual and is a cause for concern.
6.                 This case contains pleadings and evidence establishing the Appellant’s whistle-blower complaints of corruption by General Electric Company and of the fraud, perjury and forgery before the Delhi High Court to cover-up the corruption by General Electric Company, hence it is important that no person be allowed to influence registry officials to manipulate the court record. The Appellant is concerned because there were multiple instances when the court record was unlawfully interfered with using court officials before the Delhi High Court in the whistle-blower right to life petition of the appellant filed there, being Writ Petition Civil No. 1280/2012 (In the matter of Seema Sapra vs General Electric Company & Others). The Appellant had to move an application before the Delhi High Court in this regard and an order was passed directing the Delhi High Court Registry to maintain proper records in that matter.
7.                 The Appellant also submits that Hon’ble Justice U. U. Lalit recused from hearing this Appeal on 20 November 2017. In these circumstances it was important that IA 111244/2017, which it is humbly submitted might have been a reason for the recusal, be in the notice of the Hon’ble Chief Justice of India while reassigning this matter. The Appellant was therefore doubly concerned that the order first made available for 20 November 2017 did not mention IA 111244/2017. The Appellant specifically requested the Supreme Court Registry Officials that the corrected order for 20 November 2017 be placed before the Hon’ble Chief Justice of India when his directions were sought regarding listing of this matter before another Bench.
8.                 This application seeks to place the above facts before this Hon’ble Court and seeks directions to the Supreme Court Registry to ensure that proper records are maintained in this matter and that there is no attempt by any person to influence the registry officers to cause any unlawful interference to the court record in this matter.


PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Applicationand:-
(i)               To direct the Supreme Court Registry to ensure that proper records are maintained in this matter and to ensure that there is no attempt by any person to influence the registry officers to cause any unlawful interference to the court record in this matter;
(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:27/11.2017
FILED ON:27/11/2017

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. NO.                 OF 2017
CRIMINAL APPEAL 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 46 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 to direct the Supreme Court Registry to ensure that proper records are maintained in this matter and that there is no attempt by any person to influence the registry officers to cause any unlawful interference to the court record in this matter with affidavit 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 27th day of November 2017.

DEPONENT


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