ORIGINAL CIVIL
JURISDICTION
I.A. NO. 99303
OF 2019
IN
WRIT PETITION CIVIL NO. 13 OF 2018
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
IN THE
MATTER OF
Seema
Sapra … Petitioner
Versus
Union
of India & Ors. … Respondents
URGENT
APPLICATION OF PETITIONER FILED PURSUANT TO HER BEING FORCED TO SLEEP IN A TENT
IN LODHI GARDENS FROM 5 JULY WJERE SHE IS BEING POISONED AND PREVENTED FROM
BEING ABLE TO SLEEP AND TO SLEEP DEPRIVATION TORTURE
To,
Hon’ble
The Chief Justice of India and
his
companion justices of the Supreme Court of India
Most
respectfully showeth:
1. This petitioner has filed the accompanying writ petition under
Article 32 of the Constitution of India.
On 2 July 2019, an order was passed in this matter directing this and
two other cases of the Petitioner to be listed before a Bench of Justice
Khanwilkar and Justice Ajay Rastogi for a hearing on IA 62789/2019 filed by the
Petition seeking inter alia a recusal by Justice Khanwilkar.
2. I am a woman lawyer enrolled with the Delhi Bar Council since
1995.
3. I have been fighting a corruption case against the US corporate
General Electric Company as a whistle-blower since 2010.
4. I am also a woman lawyer who has made a #MeToo sexual harassment
and sex assault complaint against Soli Sorabjee and Raian Karanjawala.
5. I have complained of being targeted and poisoned since 2011. These
complaints have remained unaddressed.
6. Since around April of 2018 until 4 July 2019 except for a break of
a few weeks around September 2018, I was staying at the New Delhi YMCA Tourist
Hostel on Jaising Road in New Delhi. I was being poisoned there.
7. Since 4 July 2019, I have no place to stay and sleep. On the early
mornings of 5, 6, 7, 8 and 9 July I have been forced to go to Lodhi Gardens and
sleep there in a tent starting from around 4/ 4.30 am.
8. On all these five occasions, I have been poisoned in Lodhi Gardens
with poisonous chemicals while I have been asleep in my tent. I have woken up
breathless unable to breathe with clogged airways, with weakness in my legs,
and with chest and back pain. Because of this poisoning I have not been able to
sleep for more than 3-4 hours each of these five days.
9. On 9 July 2019, I was poisoned with some very noxious
sweet-smelling chemical which caused my throat and airways to swell up
alarmingly in a few minutes. I was only able to sleep from around 5 am to 8.30
am on 9 July. This airway swelling which happened after exposure to some sweet-smelling
chemical fumes has caused the Petitioner grave concern.
10. I have made email complaints to the Police about the poisoning on
5, 6. 7 and 8 July 2019. I have very good reason to believe that the Police is
actively involved in the ongoing poisoning.
11. The Petitioner submits that she has a fundamental right to life
which includes the fundamental right to sleep, the right to shelter and the
right to protection by State Agencies if there is a threat to her life.
12. This is an emergency application being filed under conditions of
grave and immediate danger and threat.
13. This application is being made in the interest of justice.
14. The Petitioner will supplement this application with affidavits
with additional facts once she is able to do so and once she has a place to
sleep.
15. The Petitioner submits that the evidence will establish that the
petitioner is being hounded, targeted and poisoned because State Agencies have
failed to act in accordance with law on the Petitioner’s complaints and that
these very State agencies are being used to persecute, target and poison the
Petitioner.
16. The Petitioner is a victim of State persecution.
17. The Petitioner urgently needs a place she can sleep in safety.
Such place has to be independent and under the full control of the Petitioner.
She will not be safe under the control of anyone else. The place needs to be
well-ventilated with an open space.
18. The petitioner is filing a separate writ petition seeking urgent
directions to the Union of India through the Ministry of Home Affairs to
immediately provide the Petitioner with some temporary accommodation.
19. The Petitioner fears for her life. She is deliberately being
subjected to sleep deprivation which is a form of torture and which is intended
to incapacitate the Petitioner.
20. The Petitioner needs a place to sleep. She needs a place to sleep
where she is not poisoned in her sleep with toxic chemicals.
21. The Petitioner does not want to be found dead or unconscious or
otherwise incapacitated in Lodhi Gardens due to poisoning.
22. The evidence shows a deliberate planned conspiracy to smear the
Petitioner as mentally ill since 2011. The Petitioner refers to and relies upon
the Delhi High Court records in Writ Petition Civil No. 1280/2012 (disposed
off) and in Writ Petition Criminal 437/2018 (pending and against the anonymous
Google Blogger account created in 2014 to smear the Petitioner as mentally
ill).
23. The Petitioner has been kept homeless since May 2012. She has been
prevented from working and earing since 2010. She has been forced to beg
lawyers for money and is surviving on such funds since September 2012.
24. A separate writ petition is therefore being filed in these
emergent circumstances seeking directions to the Government of India to
immediately provide the Petitioner with independent housing where she can stay
temporarily, and which is fully within her control and where she can take steps
to protect herself. This temporary
relief will allow the Petitioner to place full facts and evidence before this
Hon’ble Court and seek adequate legal remedies for her victimization and
persecution.
25. The Petitioner categorically states that her family members
(mother and siblings) were blackmailed and used to target the Petitioner and
she has therefore for their own sake and for hers broken off all connection
with them since 2011. The Petitioner does not want her family members to be in
any manner involved with her.
26. The Petitioner also categorically states that she will not agree
to live in any kind of shelter type accommodation/ institution, where is she or
her accommodation is under the control or supervision of others. Attempts have
been made in the past to force/ trick the petitioner into such an institution
where she can be more easily targeted.
She can also be more effectively eliminated or silenced in such an
institution and others used to represent her or speak on her behalf.
27. The Petitioner submits that once she has a temporary and safe
place to sleep, she will file an additional affidavit setting out in detail the
law and facts establishing her entitlement on law and facts to seek independent
accommodation and shelter from the State being a victim of State persecution
and being systematically targeted solely to cover up her whistle-blower
corruption complaints against General Electric Company and her complaints of
sexual assault and sexual harassment against Soli Sorabjee and Raian
Karanjawala. There is a public interest involved in both the Petitioner’s
whistle-blower corruption complaints against General Electric Company and in
her complaints exposing both Raian Karanjawala and Soli Sorabjee as serial sex
predators working systematically and together to exploit young women lawyers. A
Tweet by a Journalist Pooja Shali on 10 October 2018 in the context of my
#MeToo complaint against Soli Sorabjee stated: “I hope so. Many in legal
fraternity have caste serious aspersions against Mr Sorabjee but not willing to
come out in open. Complainants also matter”. This and ample other evidence and
witness testimony of several scores of persons is available to establish that
Soli Sorabjee is a serial sex predator who in his heyday sexually exploited
many young women lawyers and this was enabled by a toxic culture prevailing in
the Supreme Court where several men and women acted as enablers and encouraged
and abetted Soli Sorabjee in these criminal activities.
28. This Application is being made in the interest of justice. By
virtue of this application, the Petitioner is bringing these additional facts
to the attention of this Hon’ble Court and seeking listing of Writ Petition
Civil 13/2018, Writ Petition Civil 1027/2018 and Criminal Appeal Diary No.
10342/2016 before a Bench not comprising Justice Khanwilkar and for an early
hearing of these cases after summoning the Delhi High Court record in Writ
Petition Civil No. 1280/2012.
29. Even though the Petitioner is filing a separate writ petition
arising out of her being forced to sleep in a tent in Lodhi Gardens and her
consequent poisoning there and torture through sleep deprivation, the
Petitioner finds it in the interest of justice to claim appropriate relief in
this application as well.
In
view of the abovementioned facts it is respectfully submitted that this
Hon’ble
Court may be pleased to:
PRAYERS
a)
Direct the
Government of India though the Ministry of Home Affairs to provide the
Petitioner with some temporary independent housing which is within the control
of the Petitioner and where she can take steps to protect herself;
b)
Direct the
Government of India through the Ministry of Home Affairs to take note that the
Petitioner facing a threat to her life is being forced to sleep in a tent in
Lodhi Gardens and where she has been poisoned on 5, 6, 7, 8 and 9 July 2019 and
has been prevented from obtaining sleep for more than 3-4 hours.
c)
Direct the
Government of India through the Ministry of Home Affairs and the Commissioner
of Police to ensure that the Petitioner is not poisoned and to address her
complaints of poisoning;
d)
List IA
62789/2019 before an appropriate Bench at the earliest on an urgent basis and
thereafter list this Writ Petition Civil No. 13/2018, Writ Petition Civil No.
1027/2018 and Criminal Appeal Diary No. 10342/2016 for a full and fair hearing
before an appropriate bench at the earliest on an urgent basis as the
Petitioner faces a grave and immediate threat to her life and well-being;
e)
pass any
other or further orders, as this Hon’ble Court may deem fit and proper.
FILED
BY:
PETITIONER-IN-PERSON
DRAWN:
9 July 2019
FILED
ON: 9 July 2019
IN THE SUPREME COURT OF INDIA
ORIGINAL CIVIL JURISDICTION
I.A. NO. OF
2019
IN
WRIT PETITION CIVIL NO. 13 OF 2018
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
IN THE
MATTER OF
Seema
Sapra … Petitioner
Versus
Union
of India & Ors. … Respondents
AFFIDAVIT
I,
Seema Sapra, aged 47 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 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 seeking
relief based upon the petitioner being forced to sleep in Lodhi Gardens in a
tent and being poisoned and 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 9th day of July 2019.
DEPONENT
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