Supreme Court - Daily Orders
Seema Sapra vs Union Of India on 14 July, 2023
Bench: B.V. Nagarathna, Prashant Kumar Mishra
ITEM NO.7 COURT NO.15 SECTION X
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. 548/2023
SEEMA SAPRA Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s)
(FOR ADMISSION and IA No.98160/2023-GRANT OF INTERIM RELIEF and IA
No.98153/2023-EXEMPTION FROM FILING ANNEXTURES and IA
No.98159/2023-SUMMONING ORIGINAL RECORD, IA No. 114488/2023 -
APPROPRIATE ORDERS/DIRECTIONS, IA No. 98153/2023 - EXEMPTION FROM
FILING ANNEXTURES, IA No. 98160/2023 - GRANT OF INTERIM RELIEF
IA No. 98159/2023 - SUMMONING ORIGINAL RECORD
IA No.117481/2023 – APPLICATION FOR APPROPRIATE ORDERS/DIRECTIONS)
Date : 14-07-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Petitioner-in-person
For Respondent(s)
UPON hearing Petitioner-in-person the Court made the following
O R D E R
This Writ Petition which was filed on 05.03.2020, seeking certain prayers. The petitioner has appeared in person. She has filed this Writ Petition invoking Article 32 of the Constitution of India.
The petitioner, who has appeared in person is stated to be an Advocate, enrolled with the Bar Council of Delhi since 1995. The petitioner has sought certain reliefs which can be summarised as under:
Signature Not Verified
“(i) Direct the Government of India though the Ministry of Digitally signed by Neetu Sachdeva Date: 2023.07.14 Home Affairs to provide the Petitioner with some temporary 17:09:17 IST Reason: independent housing (well ventilated, with open space, on the ground floor, self-contained (with kitchen and bathroom) and which is fully within the control and exclusive possession of the Petitioner and where she can at contd..
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least independently take steps to protect herself until she obtains necessary protection orders from the Courts including for Z+ security;
(ii) Direct the Government of India through the Ministry of Home Affairs to take note that the Petitioner whistle-
blower (who has exposed corruption and fraud by General Electric Company and a complainant of sexual assault and sexual harassment against powerful lawyers (xxx and xxx) (Names of lawyers have been redacted) is facing a threat to her life and is being forced to sleep in a tent in Lodhi Gardens since 4 July 2019 where she has been poisoned with chemical agents every day and has been subjected to sleep deprivation and other torture;
(iii) Record in a judicial order that the Petitioner is being poisoned in Lodhi Gardens where she has been trying to sleep since 4 July 2019 and that she is also not being allowed to sleep or rest, both of which deprivations are life threatening and that she is also being stalked, targeted, attacked including physically, threatened, mobbed, taunted, abused and harassed with police complicity when she is at Lodhi Gardens trying to get some sleep,
(iv) To pass such other orders and further orders and to issue such other and further writs as may be deemed necessary on the facts and in the circumstances of the case.” We have heard the petitioner, who has appeared in person, at length.
As far as the first of the reliefs sought for by the petitioner is concerned, no direction can be issued to the Government of India (Ministry of Home Affairs) to provide temporary or independent housing facility to the petitioner in the absence of there being any legal right in the petitioner to seek such a relief. Secondly, no direction can be issued to the Ministry of Home Affairs, Government of India to take note of certain facts which she has stated in paragraph (ii) of the prayer, as it is left to the discretion of the said Ministry to do so.
contd..
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The third grievance of the petitioner is that she is suffering from deprivation of sleep since 4th July, 2019 and the police is not permitting her to sleep in a tent in Lodhi Gardens. If such an activity is impermissible in Lodhi Gardens, no relief in the form of a direction can be issued to the concerned Authorities by this Court and for that matter by any Court of law.
The petitioner is seeking recording in a judicial order certain facts. In our view, the same is unnecessary to be recorded in the absence of there being any cause of action or reason to do so.
In the circumstances, we do not find any merit in the Writ Petition. The same is dismissed.
In view of the dismissal of the Writ Petition, the applications, namely, I.A. No. 114488 of 2023 and I.A. No.117481 of 2023 seeking reliefs cannot also be considered and, therefore, the same stand dismissed.
(NEETU SACHDEVA) (MALEKAR NAGARAJ) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)