IN THE
HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL CIVIL JURISDICTION
CIVIL MISCELLANEOUS APPLICATION NO 62254 OF
2023
IN
WRIT PETITION CIVIL NO. 13604 OF 2023
IN THE MATTER OF
SEEMA SAPRA … PETITIONER
CP, MR SANJAY ARORA & OTHERS
.. RESPONDENTS
APPLICATION UNDER SECTION 151 CPC AND INVOKING THE
INHERENT POWERS OF THIS HON’BLE COURT AND PLACING ON RECORD A FORGED POWER OF
ATTORNEY FILED BY LAWYER NANJU GANPATHY AND THE LAWFIRM AZB & PARTNERS ON
BEHALF OF GE INDIA INDUSTRIAL PRIVATE LIMITED IN DELHI HIGH COURT WRIT PETITION
CIVIL 1280/ 2012 WITH OTHER PRAYERS
The application of the Petitioner most respectfully
showeth :-
1. The
present Writ Petition Civil 13604 of 2023 seeks that the Delhi High Court
direct the Registrar General of the Delhi High Court to register an FIR for
forgery for the forged document titled “Threat Assessment Report” filed in
Delhi High Court Writ Petition 437/ 2018 as Annexure G to an undated Status
Report filed in that case through Counsel Anand Khatri and which alleged Status
Report has been allegedly signed by Manoj C. as DCP South West, Delhi Police.
2. CM
56683/ 2023 has placed on record a copy of a Section 65-B Certificate filed on
behalf of Google LLC in Delhi High Court Writ Petition Criminal 437/ 2018. It
is submitted that this document is also a forged/ fraudulent document. This forged Section 65-B Certificate was
filed to thwart any investigation into the persons/ entities behind the
creation of an anonymous Blogger Blog created and published in 2013 to target
the Petitioner -lawyer. The Blog which was available at the url http://seemasapraalert.blogspot.com/
until 2018, has now been removed/ deleted.
3. The
Petitioner has filed CM 32362 / 2023 in WP Crl 437/ 2018 on 24 November 2023
seeking the following relief:
|
1. To direct the immediate registration of
an FIR against DCP Manoj C., IPS Eish Singhal, DCP Usha Rangnani, SHO Sahdev
Kumar Rana, SI Ram Prasad Meena, Inspector Harkesh Meena, SI Chetan Rana, IPS
Madhur Verma, Inspector Sanjeev Kumar, DCP Alok Kumar, IPS Ajay Chaudhary,
and other Police Officers and Rajokri locals Mamraj Yadav, Sunita Yadav,
Pavan Yadav, Havan Yadav, Bhim Singh Yadav, Virender Yadav (Monu), Dilip
Yadav, Desraj Yadav, Amit Yadav, Ilyas, Umesh and others and against lawyers
Raian Karanjawala, Rajiv Nayar, Zia Mody, Nanju Ganpathy, Ajay Behl, Deepak
Adlakha, Percy Billimoria, A.S. Chandhiok, Hemant Singh, Sanjay Lao, Anand
Khatri, Santosh Kumar Tripathi, Mehak Nakra, and others for criminal
conspiracy and attempt to murder the Petitioner on 20, 21, 22, 23 and 24
November 2023 by poisoning through the deliberate release of poisonous
chemical fumes and gases including incapacitating agents into her rented
premises at Rajokri; 2. Direct the Government of India through
Ministry of Home Affairs to immediately provide Z+ security to the
Petitioner; 3. Pass such other orders and further
orders as may be deemed necessary on the facts and in the circumstances of
the case. |
4. The
present application is being filed placing on record the copy of a forged Power
of Attorney dated 8 December 2014 that was filed through lawyer Nanju Ganpathy
and the law-firm AZB & Partners in Delhi High Court Writ Petition Civil
1280/ 2012 , which was the Petitioner’s whistle-blower corruption petition that
she had filed against General Electric Company, the Government of India and
Others. This forged Power of Attorney was used by lawyer Nanju Ganpathy and by
other lawyers of the law-firm AZB & Partners to falsely claim authority to
represent GE India Industrial Private Limited in WP Civil 1280/ 2023. The use
of this forged document and several other forged authority documents which were
filed in WP Civil 1280/ 2012 by lawyer Nanju Ganpathy and by AZB & Partners
amount to a fraud on the Court and it is settled law that any Judgment of a
Court vitiated by fraud on the Court is a nullity and Void ab initio. The
Petitioner submits that the Decision dated 2 March 2015 of the Dehi High Court
in Writ Petition Civil 1280/ 2012 is therefore vitiated by fraud on the Court
and is therefore a nullity and void ab initio. This is one of the reasons why
the Petitioner-whistleblower’s life is in grave and immediate danger including
from lawyers who have committed and facilitated this fraud on the Court.
5. Powerful
lawyer Zia Mody's law firm AZB & Partners filed a forged Power of Attorney
dated 8 December 2014 allegedly executed on behalf of GE India Industrial
Private Limited before Delhi High Court in Writ Petition 1280/2012. This
document is annexed hereto as Annexure 1 and was filed in Delhi High Court Writ
Petition Civil 1280/2012 on 20 or 28 January 2015 as part of a planned cover-up
of corruption charges against General Electric Company. The criminal offences
attracted to this fraud facilitated by lawyers Zia Mody and Nanju Ganpathy
include offences amounting to perjury, forgery, and unlawful impersonation.
6. A
bare perusal of this alleged Power of Attorney shows it was un-notarised and
had revenue stamps affixed. Only a copy of this document was filed. The
original was not produced. It is not on stamp paper. It is not notarised even
though notarisation is required by law. It does not even appoint K R
Radhakrishnan as the Power of Attorney for WP Civil 1280/ 2012. The typing,
font, font size, page setup etc are different for pages 1and 2 of this
document. This leads to the inference that the two pages are not part of the
same document but were fraudulently filed in Court as a single document making
this document a forgery. A mere perusal of this "Power of Attorney"
shows that it is a forged document.
7. The
punishment for forgery of a power of attorney under the Indian Penal Code is
imprisonment for 7 or more years. There is no limitation period for filing a
complaint of forgery of a Power of Attorney.
8. This
document was sent to the Petitioner by Mr Nanju Ganpathy by email dated 2
February 2015 which is attached as Annexure 2.
9. Even
though a copy of this alleged Power of Attorney was filed in Writ Petition
Civil 1280/2012 in Delhi High Court to claim authority on behalf of GE India in
that case, it does not mention either the case number or the cause title of
that petition. Instead of mentioning Writ Petition Civil No. 1280/2012 in which
case this document was filed and sought to be relied upon, this alleged Power
of Attorney describes its subject-matter, i e., the Proceedings as litigation
which GE India might initiate against the Petitioner before the Bar Council.
The fact that Writ Petition Civil No. 1280/2012 was not mentioned in this Power
of Attorney even though it was filed in that case to claim authority, shows
that GE India had/ has no internal record of this writ petition or legal
proceeding.
10. This
document establishes beyond doubt that AZB & Partners were not authorized
to appear as lawyers for GE India before the Delhi High Court in WP Civil
1280/2012, that K R Radhakrishnan was not authorised to sign court pleadings
for GE India in that case. Lawyer Mr Rajiv Nayar designated as Senior Advocate
by the Delhi High Court appeared in WP Civil 1280/2012 on more than 20
occasions for GE India instructed by AZB and Nanju Ganpathy. It is clear that
even Mr Rajiv Nayar had no authority to appear for GE India. It is also clear
that lawyer Rajiv Nayar knew that the authority documents for AZB filed on
behalf of GE were invalid/defective/forged, that the authority documents for K
R Radhakrishnan were invalid/defective/forged, yet he continued to appear for
GE with AZB lawyers.
11. Thus
between 2012 and 2015, for 3 years, Rajiv Nayar, Nanju Ganpathy and other
lawyers from AZB & Partners appeared for GE India, its parent General
Electric Company and for another subsidiary in Writ Petition Civil 1280/2012 in
Delhi High Court without any authority from GE.
12. With
GE India having no internal record of Delhi High Court Writ Petition Civil
1280/2012, how was lawyer Rajiv Nayar paid for his appearances in this case for
GE India. Did he appear pro bono or for free? Or did AZB/ Zia Mody use a slush
fund to pay Rajiv Nayar?
13. The
Petitioner's life is in grave and immediate danger interalia because of this
fraud which was used to cover up corruption complaints made against GE in WP
Civil 1280/2012 (Seema Sapra versus General Electric Company & Others)
filed in Delhi High Court.
14. The
Petitioner is for the last three years being sedated, poisoned, rendered
unconscious in rented premises in Rajokri using LPG, incapacitating agents,
N2O, organophosphates, pesticides, neurotoxins, nerve agents, and toxic
corrosive fumes.
15. The
present application is in the interest of justice and seeks to establish a
pattern whereby lawyers have been repeatedly used to sabotage the Petitioner’s
efforts to obtain justice and to obstruct the administration of justice in
legal proceedings instituted by the Petitioner. This forged Power of Attorney
filed for GE India Industrial Private Limited in WP Civil 1280 2012 not only
further establishes the gravity of the threat to the life of the Petitioner but
has also become the source of an independent threat to the Petitioner’s life as
the lawyers behind this forgery are also targeting the Petitioner.
PRAYER
It
is, therefore, most respectfully prayed that this Hon'ble Court may graciously
be pleased to allow this Application and:-
1.
To take
note of the forged Power of Attorney dated 8 December 2014
filed by lawyer Nanju Ganpathy (as Partner in the lawfirm AZB & Partners)
on behalf of GE India Industrial Private Limited in Delhi High Court Writ Petition Civil 1280/
2012;
2.
To take
note that this forged Power of Attorney dated 8 December 2014 filed by lawyer
Nanju Ganpathy (as Partner in the lawfirm AZB & Partners) on behalf of GE
India Industrial Private Limited in Delhi High Court Writ Petition Civil 1280/
2012 was filed to obstruct the administration of justice in Delhi High Court
Writ Petition Civil 1280/ 2012 and to cover up the complaints of corruption,
fraud and forgery made by the Petitioner against General Electric Company in
connection with the Railway Ministry tenders for the Marhowra diesel locomotive
factory project, and to obstruct any investigation into the Petitioner’s
whistleblower complaints against General Electric Company;
3.
To take
note that this forged Power of Attorney establishes a pattern showing that
lawyers are being used to sabotage the legal proceedings instituted by the
Petitioner and to obstruct the administration of justice in these cases with
the intent to prevent the Petitioner from accessing justice, and establishing
that the threat to the life of the Petitioner also issues from a powerful lobby
of lawyers acting in concert and who are using other lawyers to target the
Petitioner;
4.
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: 1 December 2023
IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL CIVIL JURISDICTION
CIVIL
MISCELLANEOUS APPLICATION NO
OF 2023
IN
WRIT PETITION CIVIL NO. 13604
OF 2023
IN THE MATTER OF
SEEMA SAPRA … Petitioner
Versus
CP, MR SANJAY ARORA AND ORS
.. RESPONDENTS
AFFIDAVIT
I, Seema Sapra, D/o Late A. R. Sapra, presently living on
rent in premises in Rajokri, Delhi (in Maa Ganga Vidyalaya Lane, 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 Application producing the forged Power of Attorney dated 8
December 2014 filed by lawyer Nanju Ganpathy (as Partner in the lawfirm AZB
& Partners) on behalf of GE India Industrial Private Limited in Delhi High
Court Writ Petition Civil 1280/ 2012 along with other prayers 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 1st day of
December 2023.
DEPONENT
