CIVIL MISCELLANEOUS APPLICATION NO 57150 OF 2023

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

ORIGINAL CIVIL JURISDICTION

CIVIL MISCELLANEOUS APPLICATION NO  57150 OF 2023

IN

WRIT PETITION CIVIL NO. 13604 OF  2023

 

IN THE MATTER OF

SEEMA SAPRA                                           …   PETITIONER

Versus

CP, MR SANJAY ARORA & OTHERS

                                                                    ..     RESPONDENTS

 

APPLICATION UNDER SECTION 151 CPC AND INVOKING THE INHERENT POWERS OF THIS HON’BLE COURT SEEKING DIRECTIONS THAT ADVOCATE MS MEHAK NAKRA CANNOT APPEAR FOR ANY OF THE DELHI POLICE RESPONDENTS OR FOR THE LG OF DELHI OR FOR ANY OTHER RESPONDENT IN THE PRESENT WRIT PETITION AS HER ROLE IN FACILITATING THE FILING OF THE FORGED POLICE THREAT ASSESSMENT REPORT MUST ALSO BE INVESTIGATED ALONG WITH OTHER PRAYERS

The application of the Petitioner most respectfully showeth :-

 

1.    Writ Petition 13604 of 2023 was listed on 3 November 2023 before Delhi High Court along with three applications being CM No. 54952/ 2023, CM No. 56683/ 2023, and CM 56684/ 2023. The case has been adjourned to 7 November 2023 with directions to be listed before the Bench of the Hon’ble Chief Justice so that it can be heard by the appropriate Bench.

2.    On 3 November 2023 Advocate Ms Mehak Nakra sought to appear for Delhi Police.  The Petitioner vehemently objected to the appearance of Ms Mehak Nakra in the Writ Petition.

3.    The Petitioner submits that Ms Mehak Nakra has improperly and without authority appeared for Delhi Police in Contempt Case Civil 1174/2023 even though the Delhi Pollice itself is not a Party there. The Commissioner of Police and the DCP South West are Respondents in that Contempt Case for deliberate, wilful, and continuing violation of the Delhi High Court Order dated 1 June 2023 passed in WP Crl 437/2018. It is settled law that Respondents in a Contempt Case have to be served in their personal capacity and must enter appearance in their personal capacity. Ms Mehak Nakra, Additional Standing Counsel Civil for the Government of Delhi has no authority or standing to represent either the Commissioner of Police or the DCP South West in their personal capacity in a proceeding against them under the Contempt of Courts Act.

4.    The following order was passed in Contempt Case Civil 1174/2023. The Order does not however record that the Petitioner had objected to the appearance of Ms Mehak Nakra. GNCTD is not a Respondent in Civil Contempt Case 1174/ 2023.

IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1174/2023 & CM APPL. 44360/2023 SEEMA SAPRA ..... Petitioner Through: In-person. versus SANJAY ARORA ..... Respondent Through: Ms. Mehak Nakra, ASC (Civil) GNCTD with Insp. Harkesh Meena, PS-Tilak Marg and SI R.P. Meena, PS-V.K. South. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 12.09.2023 [The proceeding has been conducted through Hybrid mode] 1. List the present contempt on 26.09.2023 along with W.P.(Crl) 437/2018. 2. So far as the writ petition is concerned, the State shall file a status report in respect of the manner in which the order dated 01.06.2023 passed by this Court in W.P.(Crl.) 437/2018, has been implemented. 3. Ms. Mehak Nakra, learned ASC (Civil) appears for GNCTD and seeks a copy of the writ petition. Ms. Sapra, petitioner in person, undertakes to furnish a copy of the writ petition along with the documents by e-mail during the course of the day. TUSHAR RAO GEDELA, J SEPTEMBER 12, 2023/nd

 

5.    Despite there being no direction to do so, Ms Mehak Nakra has filed an undated Status Report allegedly signed by DCP South West Manoj C. and with that document the same forged Police Threat Assessment Report (assailed as a forgery in the present Writ Petition) has been annexed as Annexure E. This Status Report with the Forged Police Threat Assessment report at Annexure E thereto has been filed by Ms Mehak Nakra in WP Crl 437/2018 on 7 October 2023 under Diary number 1846983/ 2023. Ms Mehak Nakra had no authority to file this document in a Criminal Jurisdiction matter, yet she has done so.

6.    The Petitioner submits that the Police Threat Assessment Report is on the face of it and prima facie a forged document. The role of lawyers who have filed this in Court is also under the scanner. Both Advocates Anand Khatri and Mehak Nakra will be the subject matter of the investigation into the forgery, the making of this forged document and into how it came to be filed in the Delhi High Court.

7.    On 17 October 2023, the order passed in the present Writ Petition interalia stated the following:

4. On payment of process fee, let notice be issued to Respondent Nos.2, 3 and 4 through all permissible modes, including Dasti. 5. The original file be produced before this Court on the next date

 

8.    Notice to these Respondents is yet to be served as the Petitioner has filed CM No. 54952/ 2023 for modification of Order dated 17 October 2023.

9.    The Petitioner was shocked to see Mehak Nakra appear in the present Writ Petition on 3 November claiming to represent Delhi Police.

10. The Petitioner submits that the main relief sought in the present writ petition is 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.

11. Thus the main relief sought in the present Writ Petition seeks the registration of an FIR for forgery for the forged document titled “Threat Assessment Report” also filed by Ms Mehak Nakra in Delhi High Court Writ Petition 437/ 2018 as Annexure E to an undated Status Report filed in that case through her and which alleged Status Report has been allegedly signed by Manoj C. as DCP South West, Delhi Police. Thus, the main relief sought in the present Writ Petition is that the Delhi High Court take cognizance of this forgery and the filing in Court of a forged document and direct the registration of an FIR for forgery.

12. Both Mr Anand Khatri and Ms Mehak Nakra must be investigated as to how they obtained the forged Police Threat Assessment Report, and who filed it in Court. Both Mr Anand Khatri and Ms Mehak Nakra must be investigated as to whether they have actively facilitated the filing in Court of this Forged Police Treat Assessment Report. Who has been giving instructions to Mr Anand Khatri and Ms Mehak Nakra? Who have Mr Anand Khatri and Ms Mehak Nakra been taking instructions from? And why?

13. The present application is in the interest of justice and seeks appropriate relief.

14. In the above facts, Ms Mehak Nakra cannot be permitted to appear in the present matter for any of the Delhi Police Respondents, or for the LG of Delhi, or for the Government of Delhi or for any other Respondent.

15. Ms Mehak Nakra’s appearance in WP Civil 13604/2023 on 3 November 2023 along with one Sub Inspector of Delhi Police is part of an attempt to facilitate the cover-up of the Forged Police Threat Assessment Report.

 

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Application and:-

1.              To direct that Ms Mehak Nakra, Advocate cannot appear for any of the Respondents in the present Writ Petition, as her role in obtaining the Forged Police Threat Assessment Report, her role in filing the said forged document in the Delhi High Court, her role in facilitating the filing of the forged document and her attempt to facilitate a cover-up of the said forgery all need to be investigated;

2.              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: 3 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 for directions prohibiting the appearance of Ms Mehak Nakra, Advocate 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 3rd day of November 2023.

DEPONENT