WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE FOR REGISTRATION OF FIR IN COMPLIANCE WITH SUPREME COURT ORDER DATED 1 MARCH 2019 PASSED IN WRIT PETITION CIVIL 13/2018 WITH WRIT PETITION CIVIL 1027/2018 FOR THE PHYSICAL ASSAULT ON AND BEATING OF THE PETITIONER WHO IS AN ADVOCATE BY TWO POLICEMEN OUTSIDE DELHI HIGH COURT IN THE EARLY HOURS OF 1 MARCH 2019
IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL
CRIMINAL JURISDICTION
WRIT
PETITION CRIMINAL NO. OF 2023
IN THE MATTER OF
SEEMA SAPRA … Petitioner
DELHI POLICE COMMISSIONER
& Others
.. RESPONDENTS
WRIT PETITION
UNDER ARTICLES 226 OF THE CONSTITION OF INDIA READ WITH SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE FOR REGISTRATION OF FIR IN COMPLIANCE WITH SUPREME COURT
ORDER DATED 1 MARCH 2019 PASSED IN WRIT PETITION CIVIL 13/2018 WITH WRIT
PETITION CIVIL 1027/2018 FOR THE PHYSICAL ASSAULT ON AND BEATING OF THE
PETITIONER WHO IS AN ADVOCATE BY TWO POLICEMEN OUTSIDE DELHI HIGH COURT IN THE
EARLY HOURS OF 1 MARCH 2019
The Petitioner
abovenamed respectfully submits as under:
1.
The following order was passed by the
Hon’ble Supreme Court of India pursuant to a brutal physical assault on the
Petitioner by two policemen outside the Delhi High Court in the early hours of
1 March 2019.
|
ITEM
NO.801 COURT NO.3 SECTION II-C S
U P R E M E C O U R T O F I N D I A RECORD
OF PROCEEDINGS Writ
Petition (Civil) No.13/2018 SEEMA
SAPRA Petitioner(s) VERSUS UNION
OF INDIA & ORS. Respondent(s) WITH
W.P.(C) No.1027/2018 (X) Date
: 01-03-2019 These matters were mentioned today. CORAM
: HON'BLE
MR. JUSTICE S.A. BOBDE HON'BLE
MR. JUSTICE DEEPAK GUPTA For
Appellant(s) Ms. Seema Sapra, Petitioner-in-person For
Respondent(s) UPON
hearing the counsel the Court made the following O
R D E R Ms.
Seema Sapra, Advocate, who is appearing as the petitioner-in-person
in these writ petitions, has mentioned
before this Court today that she has been assaulted
by some policemen outside the High Court of Delhi
last night. It
would be appropriate if Ms. Sapra, petitioner-inperson, files an First
Information Report (FIR) to that effect
in the Office of appropriate Deputy Commissioner of Police who is in-charge
of the Tilak Marg Police Station, New Delhi. She may also seek police
protection since she apprehends danger to her life. As
prayed for, liberty is also granted to Ms. Sapra, petitioner-in-person, to
file interlocutory application for
directions in the main writ petitions. (SANJAY
KUMAR-II) (INDU KUMARI POKHRIYAL) COURT
MASTER (SH) ASSISTANT REGISTRAR |
2.
Not only was the Petitioner abused,
threatened, and repeatedly slapped and punched on her face, head and upper body
by the two Policemen, they also snatched her mobile and left her lying on the
ground. The Petitioner’s mobile was returned the next day by the SHO of Tilak
Marg Police Station. The phone had been broken. And the memory card wiped
clean.
3.
This Supreme Court order dated 1 March
2019 has not been complied with till date, despite the Petitioner having
repeatedly requested the office of the DCP New Delhi and the Office of the
Police Commissioner for registration of FIR and for protection. Specifically,
requests were made to IPS Madhur Verma when he was DCP, New Delhi. Requests for
compliance were also made to Dr Eish Singhal when he was DCP New Delhi. Both
failed to comply. Both failed to even meet the Petitioner. DCP Eish Singhal
even blocked the Petitioner’s Twitter account when she tweeted this order to
him as DCP New Delhi.
4.
There should be CCTV images with the Delhi
High / Delhi Police of this Police assault. The Petitioner has additional
evidence in her possession of this beating by the two policemen.
5.
The Commissioner of Police Mr Sanjay Arora
has been made aware of all of the above and of the continued violation of Supreme
Court Order dated 1 March 2019. Mr Sanjay Arora’s failure to rectify the
ongoing and continued violation of the Supreme Court order dated 1 March 2019
by the Delhi Police as an institution makes him personally liable for the
contempt of court.
6.
The present DCP New Delhi Mr Pranav Tayal is
also in violation of the Supreme Court Order dated 1 March 2019.
7.
As a result of the failure of the Delhi
Police to comply with the Supreme Court Order dated 1 March 2019, the
Petitioner is facing a grave and immediate threat to her life including from
Policemen. No FIR has been registered. No protection has been provided to the
Petitioner.
8.
The present writ petition is therefore
being filed seeking directions to the DCP, New Delhi for immediate registration
of an FIR in respect of the Petitioner’s complaint that she was physically
assaulted and beaten by two policemen outside Delhi High Court in the early
hours of 1 March 2019. The Supreme Court by its order dated 1 March 2019 has already
issued directions for the registration of an FIR and for protection which order
is still not complied with by Delhi Police.
9.
The Petitioner has filed a Civil Contempt
Petition in the Delhi High Court on 17 August 2023 against Delhi Police for
violation of Supreme Court order dated1 March 2019. That Petition may not be
entertainable by the Delhi High Court under the Contempt of Courts Act and the Civil
Contempt Petition may only lie to the Hon’ble Supreme Court. The Petitioner will
file a proper petition for contempt of court by Delhi Police in the Supreme
Court.
10.
The present writ petition however is being
filed seeking the immediate registration of an FIR by DCP New Delhi as directed
by the Supreme Court by its order dated 1 March 2019.
11.
The present writ petition also seeks that
the Commissioner of Police be directed to provide full protection to the
Petitioner and to ensure that she is not harmed in any manner including by
policemen.
12.
The present Writ Petition is in the
interest of justice. No other similar petition seeking similar relief has been
filed by the Petitioner.
13.
A brief petition is being filed due to
urgency and the clear and present danger to the Petitioner’s life. More
detailed facts will be placed on record at a subsequent date.
PRAYER
It is, therefore,
most respectfully prayed that in the aforesaid circumstances this Hon'ble Court
may be pleased to:
(i)
Direct the DCP New Delhi to immediately
register an FIR on the Petitioner’s complaint that she was physically assaulted
and beaten by two Policemen outside Delhi High Court in the early hours of 1
March 2019 and that her mobile phone was snatched by these Policemen and that
the mobile phone was broken and returned to the Petitioner later in the evening
of 1 March 2019 by the Tilak Marg Police station SHO in his office;
(ii)
Direct the DCP, New Delhi and the
Commissioner of Police to immediately comply with the Supreme Court Order dated
1 March 2019 passed in Writ Petition Civil 13/ 2018 with Writ Petition Civil
1027/2018 and to immediately register the necessary FIR as directed in this
order and to provide full protection to the Petitioner so as to ensure that the
Petitioner is not harmed in any manner including by Policemen;
(iii)
Direct the Commissioner of Police, the DCP
New Delhi and the Ministry of Home Affairs to provide immediate and full
protection to the Petitioner after looking into the threat to her life based
upon documentary evidence to be supplied by the Petitioner;
(iv)
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 PETITIONER SHALL AS IN DUTY BOUND, EVER PRAY.
FILED
BY:
SEEMA
SAPRA
PETITIONER-IN-PERSON
FILED ON: 21 August
2023
IN
THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL
CRIMINAL JURISDICTION
WRIT
PETITION CRIMINAL NO. OF 2023
IN THE MATTER OF
SEEMA SAPRA … Petitioner
Versus
DELHI POLICE
COMMISSIONER & Others
.. RESPONDENTS
AFFIDAVIT
I, Seema Sapra,
D/o Late A. R. Sapra, aged 52 years presently living on rent in premises in
Rajokri in Maa Ganga Vidyalaya Gali (opposite gali no. 3) and being targeted,
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 Writ Petition and I state that
the contents of the Petition 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 21st day of August 2023.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL
CRIMINAL JURISDICTION
WRIT
PETITION CRIMINAL NO. OF 2023
IN THE MATTER OF
SEEMA SAPRA … Petitioner
DELHI POLICE COMMISSIONER
& Others
.. RESPONDENTS
MEMO
OF PARTIES
Ms Seema Sapra
R/o rented
premises in
Maa Ganga
Vidyalaya Lane,
Rajokri, Delhi
…Petitioner
Versus
1. CP, MR SANJAY ARORA
DELHI POLICE COMMISSIONER
JAISINGH ROAD N-DELHI
2. DCP, NEW DELHI
POLICE
HEADQUARTERS
JAISINGH
ROAD N-DELHI
3. Registrar General, Delhi High Court
Sher Shah Suri Marg
New
Delhi
4. Secretary for Home Affairs
Ministry of Home Affairs
North
Block
New Delhi
RESPONDENTS
Filed by
Petitioner in Person
Seema Sapra
Rajokri, Delhi
21 August 2023
1 March 2019 The
Petitioner was assaulted and beaten by two Policemen outside the Delhi High
Court in the early hours. Her phone was also snatched and she was left lying on
the ground
1 March 2019 The
Supreme Court passed an Order on mentioning in WP Civil 13/ 2018 with WP Civil
1027/ 2018 directing the registration of an FIR and directing that the
Petitioner be provided protection.
1 March 2019 The
Petitioner met the SHO of Tilak Marg Police Station in his office with a copy
of the Supreme Court order dated 1 March 2019 and he handed over the
Petitioner’s phone to her. The phone was broken. The memory card in the phone
had been wiped clean.
March 2019 The
Petitioner sent several written requests to the DCP New Delhi for compliance
with the Supreme Court order and even visited his office and requested a
meeting several times. There was no response from the DCP New Delhi.
21 August 2023 The
Delhi Police has still not complied with the Supreme Court Order dated 1 March
2023 despite repeated requests by the Petitioner who continues to be targeted
and poisoned. The Petitioner is being targeted by the Delhi Police. No FIR has
been registered. No protection has been provided to the Petitioner.
Hence the present writ petition. Since the present
writ petition is
being filed in grave urgency, the Petitioner will supplement with a more detailed list of dates at a later date.
