IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. OF 2017 Petition under Article 32 of the Constitution of India with A Prayer for Enforcement of Fundamental Rights. IN THE MATTER OF: OM PRAKASH & ANR …………..PETITIONER VERSUS REGISTRAR ….RESPONDENT SUPREME COURT OF INDIA & ANR CRL.M.P. NO. OF 2017 APPLICATION FOR SEEKING PERMISSION TO APPEAR AND ARGUE AS PETITIONER-IN-PERSON AND GRANT SPECIAL POWER OF ATTORNEY TO PETITIONER NO.01 TO APPEAR AND ARGUE THE WRIT PETITION (CRIMINAL) NO. OF 2017 ON BEHALF OF PETITIONER NO.02 PAPER BOOK (FOR INDEX KINDLY SEE INSIDE) PETITIONER IN PERSON OM PRAKASH
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Writ Petition Criminal NO.......of 2017 vide D.NO.3913 against Registrar Supreme Court of India against Lodgment Order dated 28.01.2017
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IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. OF 2017
Petition under Article 32 of the Constitution of India with A Prayer for Enforcement of Fundamental Rights. IN THE MATTER OF: OM PRAKASH & ANR …………..PETITIONER
VERSUS
REGISTRAR ….RESPONDENT
SUPREME COURT OF INDIA & ANR
CRL.M.P. NO. OF 2017
APPLICATION FOR SEEKING PERMISSION TO APPEAR AND ARGUE AS PETITIONER-IN-PERSON
AND GRANT SPECIAL POWER OF ATTORNEY TO PETITIONER NO.01 TO APPEAR AND ARGUE THE WRIT PETITION
(CRIMINAL) NO. OF 2017 ON BEHALF OF PETITIONER NO.02
PAPER BOOK (FOR INDEX KINDLY SEE INSIDE)
PETITIONER IN PERSON OM PRAKASH
FILING INDEX
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
WRIT PETITION CRIMINAL NO. OF 2017
WITH
WRIT PETITION CRIMINAL NO.OF 2017 D.NO.2188
WITH
WRIT PETITION CRIMINAL NO.136 OF 2016
AND
WRIT PETITON CIVIL NO. 90 OF 2016
IN THE MATTER OF:
OM PRAKASH & ANR ……..PETITIONER
VERSUS
REGISTRAR ….RESPONDENT
SUPREME COURT OF INDIA & ANR
S.N Particulars Copies Court Fees
1. Memo of Appearance 1
2. ID proof-Voter ID for P-1 & P-2 1
3. Listing Performa 1+3
4. Synopsis and list of dates 1+3
5. W P (Crl) with Affidavit 1+3
6. ANNEXURES P-1 to P-4 1+3
7. Appl. for argue in person 1+3
Petitioner in Person
Filed on:03.02.2017 Om Prakash
Diary No: 3913 RZF-893, NETAJI SUBUSH
MARG, RAJ NAGAR PART-2
PALAM COLONY, NEW DELHI-
110077, DWARKA SEC-08
MOB: 9968337815
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
WRIT PETITION CRIMINAL NO. OF 2017
WITH
WRIT PETITION CRIMINAL NO.OF 2017 D.NO.2188
WITH
WRIT PETITION CRIMINAL NO.136 OF 2016
AND
WRIT PETITON CIVIL NO. 90 OF 2016
IN THE MATTER OF:
OM PRAKASH & ANR ……..PETITIONER
VERSUS
REGISTRAR ….RESPONDENT
SUPREME COURT OF INDIA & ANR
MEMO OF APPEARANCE
To
The Registrar
Supreme Court of India
New Delhi
Sir,
Please enter my appearance Petitioner-in-Person
in the above mentioned matter:
New Delhi
Dated this the day of 2017
Yours faithfully,
(OM PRAKASH )
Petitioner-in-Person
INDEX
S.N Particulars Page No.
1. Listing Performa A1-A2
2. Synopsis and list of dates B- D
3. Writ Petition (Criminal)
along with Affidavit in support.
4. Annexure: P-1
A True Copy of letter
dated 24.01.2017 by the
Section X of this Hon’ble Court
5. Annexure: P-2
A True Copy of letter dated
25.01.2017 by the petitioner to
Section X of this Hon’ble
Court
6. Annexure: P-3
A True Copy of letter dated
31.01.2017 by the petitioner to
Section IB of this Hon’ble
Court
7. Annexure: P-4
A True Copy of letter dated
01.02.2017 by the Section IB of
this Hon’ble Court to the
petitioner
8. Application for seeking
permission to appear and argue
the Writ Petition (Criminal) in
person and grant special power of
Attorney on behalf of petitioner
no.02 along with supporting
affidavit.
SYNOPSIS AND LIST OF DATES
The present petition under Article 32 of the
Constitution of India is being filed to
enforce the Rights under Article 21 of the
Constitution of India with Writ Petition
Criminal vide D.NO. 2188 of 2017, Writ
Petition Criminal 136 of 2016 and Writ
Petition Civil 90 of 2016; whereby Registrar
(J-I) of this Hon’ble court has refused to
register Writ Petition (Criminal) No……….
of 2017 (D.No. 2188) under Article 32 of
Constitution of India titled as “Om Prakash
& Anr Vs. Union of India & Ors” on the
ground of no reasonable cause received for
registration under order XV, Rule 5 of the
Supreme Court Rules, 2013 which has
suspended the fundamental rights of the
petitioners under Article 21 and closed the
door of this Hon’ble Court.
The Petitioner is filing the Criminal Writ
petition under the Article 32 of
Constitution of India for enforcement of his
Rights under Article 21 of the constitution
of India.
24.01.2017 Section X sent a letter regarding
curative petition Criminal vide D. No.
41026 of 2016 and informed to process
the Curative petition Criminal for
listing before the Hon’ble Judge-In-
Chambers without Certificate by Sr.
Advocate.
25.01.2017 Petitioner replied back to Section X
that the petitioner does not give his
consent to list the Curative Petition
Criminal vide diary no.41026 before
Hon’ble Judge-in-Chamber WITHOUT
CERTIFICATE BY SR. ADVOCATE as it
violates the guideline laid down in
Rupa Ashok Hurra vs Ashok Hurra &
Anr. Reported in (2002) 4 SCC 388
because petitioner has not filed
the Certificate by Sr. Advocate
with valid reason clarified under
para 15 of the same petition.
31.01.2017 Petitioner again sent a letter to the
Section IB of this Hon’ble Court for
notification of defects against
Writ Criminal vide D.NO. 2188 of
2017 as the same was delayed by the
normal time.
01.02.2017 Section X issued a lodgment of
W.P.(C)D.NO.2188/17 as it is not
maintainable and the same does not
disclose any reasonable cause to be
received for registration under Order
XV, Rule 5 of the Supreme Court Rules,
2013.
03.02.2017 Hence this Writ Petition Criminal
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
WRIT PETITION CRIMINAL NO. OF 2017
WITH
WRIT PETITION CRIMINAL NO. OF 2017 D.NO.2188
WITH
WRIT PETITION CRIMINAL NO.136 OF 2016
AND
WRIT PETITON CIVIL NO. 90 OF 2016
BETWEEN
1. Om Prakash ………PETITIONER NO.01
S/O Late Sh Deep Narayan Poddar
R/O RZF-893, Netaji Sbhash Marg
Raj Nagar Part-2,
Palam Colony
New Delhi-110077
2. Widow Asha Devi ……PETITIONER NO.02
W/o Late Sh. Deep Narayan Poddar
R/O ASHA DEEP NIWAS
Vill-Kantiya Panchayat,
Shukkar Haat Sonaili,
In front of Durga Mandir
P.S. Kadwa, Distt-Katihar
Bihar-855114
VERSUES
1. The Registrar ….RESPONDENT No.01
Hon’ble Supreme Court of India
Tilak Marg, New Delhi
2. Mentioning Officer ….RESPONDENT No.02
Hon’ble Supreme Court
of India Tilak Marg,
New Delhi
PETITION UNDER ARTICLE 32 OF THE
CONSTITUTION OF INDIA FOR ISSUANCE OF A
WRIT IN THE NATURE OF MANDAMUS OR
PROHIBITION OR CERTIORARI OR ANY OTHER
APPROPRIATE WRIT FOR ENFORCEMENT OF
ARTICLE 21 OF THE CONSTITUTIION OF
INDIA.
To
Hon'ble the Chief Justice of India and His
Lordship's Companion Justices of the
Supreme Court of India. The Humble
petition of the Petitioner abovenamed.
MOST RESPECTFULLY SHEWETH:
1. FACTS OF THE CASSE
i. The present petition under Article 32
of the Constitution of India is being filed
to enforce the Rights under Article 21 of
the Constitution of India with Writ Petition
Criminal vide D.NO. 2188 of 2017, Writ
Petition Criminal 136 of 2016 and Writ
Petition Civil 90 of 2016; whereby Registrar
(J-I) of this Hon’ble court has refused to
register Writ Petition (Criminal) No……….
of 2017 (D.No. 2188) under Article 32 of
Constitution of India titled as “Om Prakash
& Anr Vs. Union of India & Ors” on the
ground of no reasonable cause received for
registration under order XV, Rule 5 of the
Supreme Court Rules, 2013 which has
suspended the fundamental rights of the
petitioners under Article 21 and closed the
door of this Hon’ble Court for the
petitioners forever.
ii. The petitioner is seeking Writ in the
nature of Mandamus, prohibition and certiorari.
iii. Article 21 of Constitution of
India says, “No person shall be deprived of his
life or personal liberty except according to
the procedure established by law”.
iv. That the Registry of this Hon’ble
Court has violated the set practice, procedure
and rules of this Hon’ble Court as laid down in
the Handbook of this Hon’ble Court, stopped the
petitioner no.02 to agitate the matter at the
right place before Hon’ble the Chief Justice of
India’s Court, circulated application for
Constitution bench unregistered in Writ
Criminal 136 of 2016 and forcibly pushed the
petitioner into Curative Stage.
v. That the two judges bench of this
Hon’ble Court has evaded the Order XXXVIII of
Supreme Court Rules 2013 and dismissed the Writ
petition Criminal 136 of 2016 with liberty on
21.10.2016 and directed the petitioner to
approach Patna High Court forcibly.
vi. Section X has sent a letter
regarding curative petition Criminal vide D.
No. 41026 of 2016 and informed to process the
Curative petition Criminal for listing before
the Hon’ble Judge-In-Chambers without
Certificate by Sr. Advocate.
A True Copy of letter dated
24.01.2017 by the Section X of this
Hon’ble Court is annexed herewith and
marked as Annexure P-1 (Page 15 from
to 15)
vii. Petitioner has replied back to
Section X that the petitioner does not give his
consent to list the Curative Petition Criminal
vide diary no.41026 before Hon’ble Judge-in-
Chamber WITHOUT CERTIFICATE BY SR. ADVOCATE as
it violates the guideline laid down in Rupa
Ashok Hurra vs Ashok Hurra & Anr. Reported
in (2002) 4 SCC 388 because petitioner has
not filed the Certificate by Sr. Advocate
with valid reason clarified under para 15
of the same petition.
A True Copy of letter dated
25.01.2017 by the petitioner to
Section X of this Hon’ble Court is
annexed herewith and marked as
Annexure P-2 (Page from 16 to 17)
viii. Petitioner has again sent a letter
to the Section IB of this Hon’ble
Court for notifications of
defects against Writ Criminal
vide D.NO. 2188 of 2017 as the
same was delayed by the normal
time.
A True Copy of letter dated
31.01.2017 by the petitioner to
Section IB of this Hon’ble Court is
annexed herewith and marked as
Annexure P-3 (Page from 18 to 19)
ix. That Section X has issued a
lodgment of W.P.(C)D.NO.2188/17 as it is not
maintainable and the same does not disclose any
reasonable cause to be received for
registration under Order XV, Rule 5 of the
Supreme Court Rules, 2013.
A True Copy of letter dated
01.02.2017 by the Section IB of
this Hon’ble Court to the
petitioner is annexed herewith and
marked as Annexure P-4 (Page from
20 to 22)
2. QUESTION OF LAW:
That the main questions of Law to be decided in
this petition are:-
a) Whether violation of set practice,
procedure and rules against Writ Criminal
136 of 2016 by the Registry of this Hon’ble
Court as laid down in the Handbook of this
Hon’ble Court to stop the petitioner no. 02
to agitate the matter before Hon’ble the
Chief Justice of India’s Court not a
reasonable cause to be received for
registration of Writ Criminal of 2017 vide
D.NO.2188 of 2017?
b) Whether evasion of Order XXXVIII of Supreme
Court Rules 2013 against Writ Criminal 136
of 2016 by two judges bench is not a
reasonable cause to be received for
registration of Writ Criminal of 2017 vide
D.NO.2188 of 2017?
c) Whether likelihood of bias as laid down in
the Yadav Vs. State of Haryana AIR 1987 SC
454 is not a reasonable cause to be received
for registration of Writ Criminal of 2017
vide D.NO.2188 of 2017?
d) Why the Order dated 01.02.2017 of Registrar
(J-I) of this Hon’ble Court has disclosed
the petitioner’s claim of relief in the
nature of prohibition or certiorari only
while the relief has been claimed in the
nature of Mandamus also?
e) Why the Order dated 01.02.2017 of Registrar
(J-I) of this Hon’ble Court has misconceived
that the petitioners were afforded liberty
to approach Patna High Court in Writ
Petition Criminal 136 of 2016 while the
petitioner had lodged strong protest against
it in the open Court and this Order suffers
from biased and prejudiced judgment by two
judges bench of this Hon’ble Court?
f) Why the Order dated 01.02.2017 of Registrar
(J-I) of this Hon’ble Court has given false
statement that the reliefs claimed in the
present petition revolve around the same
subject matter which came to be dismissed by
this Hon’ble Court on 21.10.2016 while
previous petition claimed only two relief
whereas the present petition has claimed
nine relief?
g) Why the Order dated 01.02.2017 of Registrar
(J-I) of this Hon’ble Court has misconceived
that the petitioners are re-agitating the
same petition while the petitioners have
been stopped by the Registry since
03.10.2016 to agitate the matter at right
place before Hon’ble the Chief Justice of
India’s Court as per the set practice,
procedure and rules of this Hon’ble Court?
h) Whether the petitioner approached to this
Hon’ble Apex Court under Article 32 against
rampant atrocities by the state apparatus in
two states and for enforcement of his
fundamental rights under Article 21 to be
subjected to violation of principle of
Natural Justice by this Hon’ble Court?
i) Why this Hon’ble Court is shielding and
protecting the bad elements of State
Apparatus and offending, victimizing the
petitioners?
3. GROUNDS
That being aggrieved by the order dated
01.02.2017 of Registrar (J-I) of this
Hon’ble Court, the petitioner is
challenging the same on the following
amongst other grounds: -
A. BECAUSE the Registry of this
Hon’ble Court has violated the set
practice, procedure and rules of this
Hon’ble Court as laid down in the
Handbook of this Hon’ble Court, stopped
the petitioner no.02 to agitate the
matter at the right place before Hon’ble
the Chief Justice of India’s Court,
circulated application for Constitution
bench unregistered in Writ Criminal 136
of 2016 and forcibly pushed the
petitioner into Curative Stage.
B. BECAUSE the two judges bench of
this Hon’ble Court has evaded the Order
XXXVIII of Supreme Court Rules 2013 and
dismissed the Writ petition Criminal 136
of 2016 with liberty on 21.10.2016 and
directed the petitioner to approach
Patna High Court forcibly.
C. BECAUSE a well-designed criminal
conspiracy being commissioned and
strategy being adopted against the
petitioner by the Quasi-Judicial Officer
of this Hon’ble Court to spoil the valid
ground of Constitution bench against the
Writ Petition Criminal 136 of 2016 and
make it liable to be dismissed with
liberty by this Hon’ble Court and to
close the door of the Hon’ble Apex Court
under Article 32 for enforcement of
guaranteed fundamental right of the
petitioner under Article 21.
D. BECAUSE this Hon’ble Court is
shielding and protecting the bad
elements of State Apparatus and
offending, victimizing the petitioners.
4. AVERMENT
i) That the Petitioner does not have any
alternative and efficacious remedy for
enforcement of his fundamental rights.
ii) That the present petitioner has filed
Writ (C)90 of 2016 and Writ(Crl.) 136 of 2016
petition before the Hon’ble Supreme Court of
India on the interlinked subject matter of the
present petition under different cause of
actions and under different cause title.
-:PRAYER:-
In the above premises, it is prayed that this
Hon'ble Court may be pleased:
(i) To issue a writ of prohibition or
other appropriate writ order or
direction directing respondent No.01
and 02 to prevent violation of the
set practice, procedures and rules
as laid down in the Handbook of the
Hon’ble Supreme Court of India and
allow the petitioners to agitate the
matter before Hon’ble the Chief
Justice of India’s Court.
(ii) 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 INDUTY BOUND, EVER PRAY.
DRAWN & FILED BY:
PETITIONER IN PERSON
OM PRAKASH
NEW DELHI:
FILED ON : 03.02.2017.
Settled by: Petitioner
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
WRIT PETITION CRIMINAL NO. OF 2017
WITH
WRIT PETITION CRIMINAL NO.OF 2017 D.NO.2188
WITH
WRIT PETITION CRIMINAL NO.136 OF 2016
AND
WRIT PETITON CIVIL NO. 90 OF 2016
IN THE MATTER OF:
OM PRAKASH & ANR ……..PETITIONER
VERSUS
REGISTRAR ….RESPONDENT
SUPREME COURT OF INDIA & ANR
AFFIDAVIT
I, Om Prakash S/o Late Deep Narayan Poddar, aged 43
years, R/o RZF/893, Netaji Subash Marg, Raj Nagar
Part-II, Palam Colony, New Delhi - 77, do hereby
solemnly affirm and state on oath as under:-
1. That I am the Petitioner in the above matter
and well conversant with the facts of the case
as such competent to swear this affidavit.
2. That the contents of the accompanying Writ
Petition Criminal [para 1 to 04.], [Page 01 to
12] and Synopsis and List of Dates (Page B to
D’], and I, As. having understood the contents
thereof I say that the facts state therein are
correct which are based on the official record.
3. That the Writ Petition Criminal Paper Book
contains total 29 pages.’
4. That the annexures are true copies of their
respective originals.
DEPONENT
VERIFICATION:
I, the above-named deponent do hereby verify that
the facts stated in the above affidavit are true to