IN THE
HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL CIVIL JURISDICTION
CIVIL MISCELLANEOUS APPLICATION NO 56683 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 SECTION
65-B CERTIFICATE PURPORTEDLY ISSUED BY GOOGLE LLC AND FILED FOR GOOGLE LLC IN
DELHI HIGH COURT WRIT PETITION CRIMINAL 437/ 2018 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. The
present application is being filed placing 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. A copy of this alleged Section 65-B
Certificate filed on behalf of Google LLC in Delhi High Court Writ Petition
Criminal 437/ 2018 is annexed hereto as Annexure 1. 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. Please
note that while this alleged Section 65 B Certificate was filed for Google LLC
in Delhi High Court Writ Petition Criminal 437/ 2018, the Certificate itself
refers to “civil suit number 437/2018”. The Certificate refers to attached
documents in the plural but only a single page is attached. The Certificate is
neither notorised nor apostilled. The Place of execution is shown as Google LLC
instead of a geographic location. Only a copy has been filed. Further this
document was filed through lawyers who failed to produce a proper vakalatnama.
The Petitioner relies upon her Written Submissions filed in WP Criminal 437/
2018 in this regard which are reproduced below.
|
IN THE HIGH COURT
OF DELHI AT NEW DELHI WRIT PETITION CRIMINAL NO. 437
OF 2018 IN THE MATTER OF Seema Sapra … Petitioner Versus Union of India & Others
…Respondents WRITTEN
SUBMISSIONS/ ARGUMENTS ON BEHALF OF THE PETITIONER on how lawyers from the
law-firm named Inttl Advocare are appearing in this matter for Google LLC
without valid authority documents, without a valid Power of Attorney, and
without a valid vakalatnama and are doing so in violation of several
applicable and binding judgments of the Courts and of Bar Council of India
Rules 1. Lawyers from the law-firm Inttl Advocare who have appeared or have
entered appearance for Google LLC in the present Writ Petition Criminal
437/2018 include the lawyers listed on the Vakalatnama dated 6 April 2018 and
described as Advocates of the law-firm Inttl Advocare having its Office at
Express Trade Tower, B-36, Sector – 132, Noida Expressway, Noida 201303,
National Capital Region of Delhi INDIA Phone +91 120 2470200 - 298 (Extn.
124) inttl@inttladvocare.com
2. In addition to the above Advocates, certain other lawyers have
appeared or entered their appearance in this matter for Google LLC and their
names are mentioned in various court orders. These include the following:
3. Despite the mention of so many names in the Vakalatnama and in Court
orders, the three lawyers who have actually appeared for Google LLC in this
case are Sajan Poovayya Sr Advocate, Mamta Jha and Shruttima Ehersa.
Shruttima Ehersa has been the constant and has argued for Google LLC in this
matter except when Senior Advocate Sajan Poovayya appeared. 4. The filings in this matter on behalf of Google LLC include the
following:
5. The Power of Attorney dated 8 March 2018 that has been produced in
favour of Mr Yashwant Rai Grover as Constituted Attorney of Google LLC is on
its own terms valid only for Civil Proceedings pending before Courts of Civil
Jurisdiction. This Power of Attorney is therefore not valid for the present
matter which is a Criminal Writ Petition bearing number 437/2018 being heard
by the Delhi High Court in its Criminal Jurisdiction. This Power of Attorney
therefore cannot be used in these proceedings or relied upon to execute the
vakalatnana in the present proceedings which are criminal proceedings. Mr
Yashwant Rai Grover has no authority to act as the Constituted Attorney for
Google LLC in this case. The Vakalatnama dated 6
April 2018 executed by Mr Yashwant Rai Grover is therefore invalid on this
ground alone. 6. The Power of Attorney dated 8 March 2018 contains the following
statement: “I further state that neither the present Power of Attorney nor
any past Power of Attorney or document executed on behalf of the Company may
be deemed to either render the Attorney as an agent for service on or for
receiving any summons or notices or any documents or pleadings in any manner
on behalf of the Company”. The Petitioner submits that neither Mr Yashwant
Rai Grover nor any lawyers appointed under a vakalatnama signed by him had
any authority to accept any notice or document or pleading on behalf of
Google LLC. 7. The Delhi High Court issued notice in the present writ petition to
Google LLC and Google India by order dated 12 February 2018. 8. The Petitioner received the following email from Ms Mamta Rani Jha of
Inttl Advocare on 21 March 2018.
9. The Order passed on 27 April 2018 is reproduced below.
10. The Petitioner submits that the lawyers who appeared for Google LLC on
27 April 2018 did so without authority and without a valid vakalatnama. These
lawyers were Mr. Sajan Poovayya, Sr. Advocate with Ms. Priyadarshi Bannerjee,
Ms. Mamta R.Jha and Ms. Shruttima Ehersa. The submissions and statements made
by Mr Sajan Poovayya to the Court during this hearing on 27 April 2018 were
unauthorised. 11. The following statement was made by Mr Sajan Poovayya on behalf of
Google LLC during the hearing on 27 April 2018.
12. It is submitted that neither Mr Sajan Poovayya nor his briefing
counsel had any authority to appear for or speak for Google LLC (respondent
5), and that this statement made by Mr Sajan Poovayya to the Court during the
hearing on 27 April 2018 was not only unauthorised but also inaccurate. An
incorrect statement was made by Mr Sajan Poovayya that participation of
Google India (respondent 6) was not necessary in the present Writ Petition.
The Court did not issue notice to Google India because of this unauthorised
and incorrect statement made by lawyers who had no authority to make this
statement or to represent or make submissions on behalf of Google LLC. The
absence of Google India from these proceedings has facilitated the fraudulent
attempted sabotage of the present proceedings. 13. The Petitioner therefore prays that fresh notice be issued both to
Google LLC and Google India. 14. Mr Yashwant Rai Grover, the Constituted Attorney of Google LLC under
the Power of Attorney dated 8 March 2018 is an Associate in the Law-firm
Intll Advocare. The Power of Attorney states that it will terminate once
Yashwant Rai Grover is no longer an employee of the firm or no longer serves
in the same capacity at the firm. We can assume that the reference to the
“firm” in the Power of Attorney is to the law-firm Intll Advocare. Mr Hemant
Singh is the Founder and Managing Partner of Intll Advocare. Ms Mamta Jha is
Senior Partner in Intll Advocare. Ms Shruttima Ehersa is an Associate in
Intll Advocare. 15. The Petitioner submits that the same person cannot
simultaneously act as the Constituted Attorney of a Party and also the
counsel/ advocate of that Party before a Court of Law in India. The word
“person” in this proposition would include a Law Firm Partnership and its
partners/ members as well as all retained/ salaried lawyers, including
non-partner associates of the firm. For this proposition of law, the
Petitioner relies upon (i) the Delhi High Court decision in Anil Kumar and Anr vs Amit rendered on 17 November,
2021; (ii) the Delhi High Court decision in Baker Oil Tools (India) Pvt. Ltd.
& Ors. v. Baker Hughes Ltd. & Ors., 2011 (47) PTC 296 (Del); and
(iii) on the Bar Council of India Rules. The relevant extract from Anil Kumar
and Anr vs Amit is reproduced below.
16. The Power of Attorney filed for Google LLC in this matter is in favour
of Mr Yashwant Rai Grover as Constituted Attorney. Mr Yashwant Rai Grover is
an associate lawyer in the law firm Intll Advocare. Therefore, other lawyers
of Intll Advocare including its Managing Partner, other Partners, and
Associates cannot appear as Counsel for Google LLC in the present case. The
Vakalatnama executed by Intll Advocare Lawyer Mr Yashwant Rai Grover in
favour of his employers and colleagues at Intll Advocare is invalid and
against Bar Council of India rules. 17. All the lawyers associated with the law-firm Intll Advocare whose name
appears on the vakalatnama or who have appeared for Google LLC in this matter
or whose name appears in Court Orders as having appeared for Google LLC had/
have no authority to represent Google LLC as Counsel in the present case
before the Delhi High Court. All Court appearances by them and all
submissions/ representations/ filings made by them in the present case in the
Delhi High Court were made without authorization by Google LLC and therefore
cannot be accepted by the Court. 18. Inttl Advocare has also filed a copy of a certificate dated 2 May 2019
of one Ms Lily Kley under Section 65B of the Indian Evidence Act, 1872 on 9
May 2019 under the name of Ms Manta Jha Advocate of Intll Advocare. This
certificate is also fraudulent (this aspect will be dealt with separately)
and it is in any case an unauthorised filing which cannot be accepted by the
Court. The Petitioner will deal with this certificate separately in detail,
but she draws the attention of the Court to the fact that this certificate
also inaccurately refers to an order of this Court as having been passed in
civil suit number 437/2018, whereas the present proceedings are Writ Petition
Criminal 437/2018. 19. In her earlier Preliminary Written Submissions dated 6 March 2023, the
Petitioner inter alia stated the following about the conduct of the lawyers
appearing for Google LLC:
20. The lawyers from Intll Advocare have not only appeared for Google LLC
in this case without a valid vakalatnama or authorization, thereby
impersonating as counsel for Google LLC, but they have also attempted to
scuttle any investigation, have misdirected the Court and the Police, and
have participated in the fabrication and filing of false evidence. The
conduct of the lawyers from Inttl Advocare in the present case amounts to
serious criminal misconduct amounting to the commission of offences for
fabrication of evidence under Section 192 Indian Penal Code, fabrication of
false evidence for use in a judicial proceeding under Section 193 Indian
Penal Code, using evidence known to be
false under Section 196 Indian Penal Code, using as true a certificate known
to be false under Section 198 Indian Penal Code, causing disappearance of
evidence of offence, or giving false information to screen offender under
Section 201 Indian Penal Code and other offences of the Indian Penal Code. A
separate note will address in detail the acts of omission and commission
(amounting to these offences) by the lawyers from Inttl Advocare who have
appeared for Google LLC in this matter without legal authority. 21. The Petitioner is being targeted to prevent her from filing other
appropriate petitions before the Hon’ble Supreme Court of India and to
prevent her from having the present Writ Petition heard by this Hon’ble
Court. 22. The Petitioner’s right to life is being grossly violated on a daily
basis, her life in in danger, and she is being poisoned with chemical agents.
The present petition itself contains voluminous evidence regarding the
ongoing threat to the life of the Petitioner. 23. On 5 March 2020, the Petitioner filed a Writ Petition in the Supreme
Court of India seeking protection under diary no. 9134/2020. That Petition
was not listed immediately and from March 2020, the Petitioner was compelled
to sleep in her car parked outside Gate 8 of the Delhi High Court from March
to September 2020, during the Covid pandemic. The car is stationary and
broken down. The Petitioner during this time had no access to a toilet, or to
food, or to water for drinking or washing clothes or bathing. The Petitioner
during this time was targeted by men being used to follow her, throw stones
at her, abuse her, call her “paagal”, hit her with lathis, poison and sedate
her with chemical fumes when she was sleeping in her car. 24. Since September 2020, the Petitioner is renting some basic premises in
Rajokri and is also being targeted there. She has been sedated and poisoned
using chemicals/ substances added to her food and drink. She is being sedated
and poisoned with chemical fumes. The entire property has been damaged to
facilitate this poisoning. Her premises are being entered into in her
absence. Large quantities of nitrous oxide gas, chloroform fumes, nerve agent
fumes, toxic chemical fumes, noxious acrid corrosive fumes/ smoke,
neurotoxins, hs2 gas, LPG gas, pesticides, organophosphates, and poisonous
gas/ chemical fumes are being pumped into the Petitioner’s rented premises in
Rajokri every day and night. These fumes are being used to render the
Petitioner unconscious and are being used to poison her. 25. The Petitioner is being followed by several men on mobikes and cars
whenever she leaves her premises. She is followed every day and all the time,
even when she leaves the Delhi High Court or the Supreme Court. These persons
following the Petitioner are being used to target her with toxic chemicals,
obstruct, harass, and intimidate her. They are also being used in attempts to
tamper with her food and drink in order to drug her and poison her. 26. Men being used to target the Petitioner are stationed outside her
premises in Rajokri at all times, both during the day and through the night. 27. The Petitioner’s transport options from Rajokri are being interfered
with and attempts are made to obstruct her from accessing transport. 28. The Petitioner’s Writ Petition before the Supreme Court was listed on
12 May 2023 and is now expected to be listed for hearing in July 2023 (Writ
Petition Civil No. 548/ 2023). Since the Petitioner took steps to have this
Supreme Court Writ Petition heard by removing the defects, the sedating and
poisoning has intensified. The Petitioner’s life is in grave and immediate
danger. 29. The fraud and forgeries committed in the present matter by the Delhi
Police and by the lawyers for Google LLC have created an additional threat to
the life of the Petitioner and the Petitioner is being targeted using the
Delhi Police to prevent her from pursuing the present matter. The Petitioner
now faces a threat to her life from the Policemen who have filed false status
reports in this case and from the lawyers who have committed and facilitated
the fraud in this case. 30. The Petitioner is also being targeted with toxic chemicals inside the
Delhi High Court and in the Supreme Court. She has been targeted with toxic
chemicals including by Policemen both outside and inside the court-room even
during the hearings of the present case. 31. The Delhi Police has been weaponised against the Petitioner and it is
clear that the targeting of the Petitioner is going on with the full
connivance, participation and blessing of the Delhi Police. 32. The Petitioner is therefore also seeking protection orders from this
Hon’ble Court also in the present case. 33. The Writ Petitioner is being sedated, poisoned, harassed, targeted,
abused, threatened with violence, and being subjected to planned and
deliberate sleep deprivation torture. 34. The Petitioner is facing a threat to her life on account of the
ongoing attempted cover-up of her whistleblower complaints against General
Electric Company in respect of its corrupt dealings in tenders for the
Marhowra diesel locomotive factory Project of the Railway Ministry and
further criminal offences committed as part of a planned obstruction of
justice campaign to cover up the original corruption, fraud, bribery and
forgery. 35. The Petitioner is also facing a threat to her life on account of
non-redressal and an ongoing attempted cover-up of her complaint of sexual
assault and sexual harassment against lawyer Soli J Sorabjee (now deceased)
and her complaint of sexual harassment, planned sexual assault and
retaliation against lawyer Raian N Karanjawala. FILED BY Seema Sapra Petitioner in Person 19 May 2023 New Delhi |
4. 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 Section 65 B certificate
filed for Google LLC in WP Criminal 437/ 2018 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 Certificate filed for Google LLC under Section 65 B of the
Indian Evidence Act 1872 in Delhi High Court Writ
Petition Criminal 437/ 2018;
2.
To take
note that this forged Section 65 B Certificate was filed to obstruct the
administration of justice in Delhi High Court Writ Petition Criminal 437/ 2018
and to obstruct the investigation into the persons/ entities responsible for
creating the anonymous Blogger Blog at url http://seemasapraalert.blogspot.com/ which was used to target and destroy the Petitioner’s
life and career and to facilitate physical attacks on the Petitioner and to
facilitate the poisoning of the Petitioner;
3.
To take
note that this forged Section 65 B Certificate 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 November 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 Certificate filed for Google LLC
under Section 65 B of the Indian Evidence Act 1872 in Delhi High Court Writ
Petition Criminal 437/ 2018 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 November
2023.
DEPONENT
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