Refiled Criminal Appeal by way of Motion D.NO. 26314 dated 28.03.2017

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL MISCELLANEOUS PETITION NO. OF 2017

IN WRIT PETITION CRIMINAL D.NO. 3913 OF 2017

Petition under Order XV Rule 5 of the Supreme Court Rules, 2013 with A Prayer to agitate the matter before Hon’ble the Chief Justice of India’s Court for urgent relief.

IN THE MATTER OF: OM PRAKASH & ANR …………..PETITIONER

VERSUS

REGISTRAR ….RESPONDENT

SUPREME COURT OF INDIA & ANR

WITH

MEOMO OF APPEARANCE TO APPEAR AND ARGUE AS PETITIONER-

IN-PERSON ON BEHALF OF PETITIONER NO.02

PAPER BOOK (FOR INDEX KINDLY SEE INSIDE)

PETITIONER IN PERSON OM PRAKASH

ON BEHALF OF PETITIONER NO.02 WIDOW ASHA RANI DEVI

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL MISCELLANEOUS PETITION NO. OF 2017

IN WRIT PETITION CRIMINAL D.NO. 3913 OF 2017

Petition under Order XV Rule 5 of the Supreme Court Rules, 2013 with A Prayer of matter NOT TO BE LISTED before Hon’ble Justice Navin

Sinha; Hon’ble Justice Ranjan Gagoi; Hon’ble Justice Prafulla

Chandra Pant; Hon’ble Justice Pinaki Chandra Ghose and Hon’ble

Justice Uday Umesh Lalit. IN THE MATTER OF: OM PRAKASH & ANR …………..PETITIONER

VERSUS



WITH

CORRECTED PARA 5 OF THE PERFORMA FOR FIRST LISTING

PAPER BOOK (FOR INDEX KINDLY SEE INSIDE)

PETITIONER IN PERSON OM PRAKASH

ON BEHALF OF PETITIONER NO.02

WIDOW ASHA RANI DEVI

FILING INDEX FOR CURE OF DEFECTS REFILED

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

CRL.M.P. NO. OF 2017

IN

WRIT PETITION CRIMINAL D.NO.3913 OF 2017

IN THE MATTER OF:

OM PRAKASH & ANR ……..PETITIONER

VERSUS



S.N Particulars Copies Court Fees

1. Notification of defects letter

D.NO.840/2017/X dated

22.03.2017 and emailed to the

petitioner dated 27.03.2017

1

2. Memo of Appearance on behalf of

Petitioner No.02

1

3. Index against Crl.

M.P.D.NO.16166 in W.P.

(Crl.)D.NO.3913 of 2017

1+3

4. Paper books of Crl.


(Crl.)D.NO.3913 of 2017

1+3

5. Index against Crl.


(Crl.)D.NO.3913 of 2017

1+3

6. Paper books of Crl.


(Crl.)D.NO.3913 of 2017

1+3

Petitioner in Person

Filed on: 28.03.2017 (Om Prakash)

Diary No: 26314

(Widow Asha Rani Devi)

On behalf of Petitioner No.02

RZF-893, NETAJI SUBUSH

MARG, RAJ NAGAR PART-2

PALAM COLONY, NEW DELHI-

110077, DWARKA SEC-08

MOB: 9968337815

E-mail: [email protected]

mailto:[email protected]

Widow Asha Rani Devi Mother of Om Prakash Poddar <[email protected]>

Letter regarding defects

1 message

Section X, Supreme Court of India <[email protected]> Mon, Mar 27, 2017 at 11:50 AM To: [email protected]

D.NO.840/2017/X

SUPREME COURT OF INDIA

NEW DELHI.

MARCH 22, 2017

FROM : ASSISTANT REGISTRAR(JUDL.)

TO : MR. OM PRAKASH, PETITIONER-IN-PERSON

S/O LATE SH. DEEP NARAYAN PODDAR,

R/O RZF – 893, NETAJI SUBHASH MARG,

RAJ NAGAR PART-2,

PALAM COLONY,

NEW DELHI – 110 077.

CRIMINAL MISC. PETITION NO. … OF 2017

(APPLICATION FOR APPEAL AGAINST REGISTRAR'S ORDER DATED 16.02.2017)

AND

CRIMINAL MISC. PETITION NO. … OF 2017

(APPLICATION SEEKING PERMISSION TO SUBMIT CORRECTED PARA 5OF THE LISTING

PROFORMA)

IN

WRIT PETITION (CRL) NO. ...OF 2017 (D.NO. 3913)

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

OM PRAKASH & ANR. ....PETITIONERS

-VERSUS-

REGISTRAR,

SUPREME COURT OF INDIA & ANR. ....RESPONDENTS

http://d.no/

Sir,

With reference to the applications filed by you in the writ petition

above-mentioned, I am directed to remind you that the same

are defective for the following reasons:

1. Index of the applications have not been filed.

2. The three copies of each of the applications are in loose form. The

same are to be filed in form of properly bound paper books.

3. Title of the applications contain mention of writ petitions other

than W.P.(C) D.No. 3913/2017. The same are to be removed.

You are, therefore, required to cure the aforesaid

defects within seven days from the date of receipt of this letter,

failing which the matterwill be dealt with as per Supreme Court Rules,

2013.

Yours faithfully

ASSISTANT REGISTRAR(JUDL.)




IN


IN THE MATTER OF:


VERSUS


SUPREME COURT OF INDIA & ORS

MEMO OF APPEARANCE

To

The Registrar

Supreme Court of India

New Delhi

Sir,

Please enter my appearance Petitioner-in-Person on

behalf of petitioner No.02 in the above mentioned matter:

New Delhi

Dated this the day of 2017

Yours faithfully,

(OM PRAKASH )

Petitioner-in-Person

(Widow Asha Rani Devi)

On behalf of Petitioner No.02

INDEX

S.N Particulars Page No.

1. Memo of Appearance ‘A’

2. M.P. (Crl.) D.NO. 16166 of 2017 1-11

Application for appeal

against the Registrar’s Lodgment

Order Dated 16.02.2017 in

W.P.(Crl.)D.NO. 3913 of 2017

along with Affidavit

3. Annexure: P-1 12-14

Registrar’s Lodgement Order

dated 16.02.2017 in W.P. (Crl.)

D.NO. 3913 of 2017 issued by

Registrar, Supreme Court of

India under Order XV Rule 5 of

the Supreme Court Rules, 2013




IN


IN THE MATTER OF:


VERSUS



APPEAL BY WAY OF MOTION AGAINST THE LODGEMENT

ORDER DATED 16.02.2017 VIDE D.NO.3913 OF 2017

ISSUED BY REGISTRAR SUPREME COURT OF INDIA UNDER

ORDER XV RULE 5 OF THE SUPREME COURT RULES,

2013.

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 RESPECFULLY SHOWETH:

1. That 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. 3913 of 2017,

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. 3913) under Article 32 of Constitution of

India titled as “Om Prakash & Anr Vs. Registrar, Supreme

Court of India & Anr” 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, the contents of which are

requested to be read as part of this application, as the

same are not being repeated here for the sake of

brevity.

2. That the Lodgement Order dated 16.02.2017

vide diary no. 3913 of 2017 issued by Registrar, Supreme

Court of India under Order XV Rule 5 of the Supreme

Court Rules, 2013 has been annexed herein as Annexure P-

1 (Page from……….to…………).

3. That the Lodgement Order dated 16.02.2017 of

Registrar, Supreme Court of India has thoroughly

misconceived that the main grounds espoused by the

petitioners are that the Registrar did not have power to

refuse registration of the earlier Writ petition filed by

the petitioner under the provision of Order XV, Rule 5 of

Supreme Court Rules, 2013, the petition having been

diarized as Diary No. 2188 of 2017.

4. That the provision of Order XV, Rule 5 of Supreme

Court Rules, 2013 clearly stipulate, “The Registrar may

refuse to receive a petition on the ground that it

discloses no reasonable cause or is frivolous or contains

scandalous matter but the petitioner may within fifteen

days of the making of such order, appeal by way of

motion, from such refusal to the Court”.

5. That the main ground espoused by the petitioners are

that the Registrar of this Hon’ble Court has thoroughly

abused his power under the provision of Order XV, Rule 5

of Supreme Court Rules, 2013 and has intentionally

ignored the valid new reasonable cause/findings in the

garb of no reasonable cause/same findings to be received

for registration under Order XV Rule 5 of the Supreme

Court Rules, 2013 to protect and shield the bad elements

of state apparatus and to offend, harass, victimize,

infringe constitutional right of petitioners, suspend the

right to life or personal liberty of the petitioners.



misconceived that the petition is not permissible in law;

an Statutory appeal, instead should have been filed by

the petitioners.

7. That the Registrar, Supreme Court of India has failed

to take into account that his Lodgement Order dated

28.01.2017 and 16.02.2017 have awarded Capital

punishment/death penalty to the petitioners indirectly

without a written Judicial Order of this final Court.

Moreover, in absence of written Judicial Order of Capital

Punishment, the petitioners cannot now even move for

mercy petition before Hon’ble the President of India.



misconceived that Writ petition is not permissible in

law, however “Writ Petition (Criminal) No. 137 of 2010 in

C. Muniappan & ORS VS. The Registrar of Supreme Court of

India, Writ Petition (Criminal) No. 52 of 2011 in B.A.

Umesh VS. The Registrar of Supreme Court of India, Writ

Petition (Criminal) No. 77 of 2014 in Mohd. Arif @ Ashfaq

VS. The Registrar of Supreme Court of India & ORS, Writ

(Criminal) 108 of 2014 Yakub Abdul Razak Menon VS. The

Registrar of Supreme Court of India & ORS” has been

permitted in law by this Hon’ble Court.

9. That being aggrieved by the order dated 16.02.2017 of

Registrar (J-I) of this Hon’ble Court, the petitioner is

challenging the same on the following amongst other

grounds: -

a) BECAUSE the Writ petition is permissible and

maintainable in law as the same has been permitted by

this Hon’ble Court in the past in number of cases

with citation under para 8 of this appeal.

b) BECAUSE there is a sheer 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.

c) BECAUSE the Registry has circulated an application

for Constitution bench unregistered in Writ Criminal

136 of 2016 and forcibly pushed the petitioner into

Curative Stage.

d) BECAUSE a well-designed criminal conspiracy being

commissioned and strategy being adopted against the

petitioners by the Quasi-Judicial Officer of this

Hon’ble Court since 03.10.2016 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 this Hon’ble Court under Article

32 for enforcement of guaranteed fundamental right of

the petitioner under Article 21.

e) BECAUSE the petitioners have been subjected to

violation of principle of Natural Justice by this

Hon’ble Court who approached 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.

f) BECAUSE the petitioners are NOT re-agitating the same

petition however petitioners have been stopped by

this Hon’ble Court 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.

g) BECAUSE new reasonable cause and new findings have

arisen and resulted by this Hon’ble Court.

h) BECAUSE there is evasion of Order XXXVIII of Supreme

Court Rules 2013 against Writ Criminal 136 of 2016 by

two judges’ bench.

i) BECAUSE there is likelihood of bias against Writ

Criminal 136 of 2016 by the two judges’ bench as laid

down in the Yadav Vs. State of Haryana AIR 1987 SC

454.

j) BECAUSE the petitioners have NOT afforded liberty to

approach Patna High Court in Writ Petition Criminal

136 of 2016, instead the petitioners have 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.

k) BECAUSE there is sheer violation of Constitutional

Law by this Order and petition raised substantial

question of law as to the interpretation of the

Constitution required and to be decided by a division

court of not less than five judges.

l) BECAUSE this biased Order awards Capital

Punishment/Death Penalty to the petitioners

indirectly.

m) BECAUSE an offence of perjury by the Lower Court and

bad elements of two State Apparatus have been placed

on record in the petition who have been posing

imminent danger to the life or personal liberty of

the petitioners and affecting the administration of

Justice delivered by the Hon’ble High Court of Delhi

in 2013.

n) BECAUSE this Hon’ble Court is shielding and

protecting the bad elements of State Apparatus and

offending, harassing, victimizing, awarding Capital

Punishment/Death Penalty without written Judicial

Order indirectly through violating, evading the Rule

of Law initially and through issuing Lodgment Orders

lately, suspending the life or personal liberty of

the petitioners.

PRAYER

It is most respectfully prayed that this Hon’ble Court

may be pleased to:

(a) To Set aside the Lodgment order dated 16.02.2017 of

Registrar Supreme Court of India and pass an order

for registration of the same and allow the

petitioners to agitate the matter urgently before

Hon’ble the Chief Justice of India’s Court for urgent

relief.

b) Pass such other order/orders as this Hon'ble Court

may deem just and proper in the facts and

circumstances of the case.

DRAWN & FILED BY:

PETITIONER IN PERSON

OM PRAKASH

NEW DELHI:

FILED ON :20.02.2017.

(WIDOW ASHA RANI DEVI)





IN


IN THE MATTER OF:


VERSUS



AFFIDAVIT

I, Om Prakash S/o Late D. N. Poddar, aged 44 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 appeal by way

of motion against the Lodgment Order dated 16.02.2017

of Registrar Supreme Court of India vide D.NO. 3913

of 2017 under Order XV Rule 5 of the Supreme Court

Rules, 2013, which has been drafted by me [para 01 to

09.], [Page 01 to 14] and I, As. and having

understood the contents thereof I say that the facts

state therein are correct which are based on the

official record.

3. That the accompanying appeal by way of motion against

the Lodgment Order dated 16.02.2017 of Registrar

Supreme Court of India total 14 pages.’

DEPONENT

VERIFICATION:

I, the above-named deponent do hereby verify that the

facts stated in the above affidavit are true to my

knowledge and belief. No part of the same is false and

nothing material has been concealed therefrom.

Verified at New Delhi on this the 20th day of February,

2017.

DEPONENT

ANNEXURE P-1

INDEX

S.N Particulars Page No.

1. M.P. (Crl.) D.NO. 17593 of 2017 1-06

Application seeking permission

to submit corrected para 5 of

the Listing Performa against

the Lodgment Order Dated

16.02.2017 in W.P.(Crl.)D.NO. 3913

of 2017 along with Affidavit

2. Annexure: P-1 07-08

Corrected para 5 of the Performa for

first listing against Appeal by way of

motion against Lodgement Order dated

16.02.2017 in W.P.(Crl.) D.NO. 3913 of

2017 issued by Registrar, Supreme Court

of India under Order XV Rule 5 of the

Supreme Court Rules, 2013




IN


IN THE MATTER OF:


VERSUS



APPLICATION FOR SEEKING PERMISSION TO SUBMIT

CORRECTED PARA 5 OF THE PERFORMA FOR FIRST

LISTING AGAINST APPEAL BY WAY OF MOTION AGAINST

THE LODGEMENT ORDER DATED 16.02.2017 VIDE

D.NO.3913 OF 2017 ISSUED BY REGISTRAR SUPREME

COURT OF INDIA UNDER ORDER XV RULE 5 OF THE

SUPREME COURT RULES, 2013.

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 RESPECFULLY SHOWETH:

10. That 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. 3913 of 2017,

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. 3913) under Article 32 of Constitution of

India titled as “Om Prakash & Anr Vs. Registrar, Supreme

Court of India & Anr” 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, the contents of which are

requested to be read as part of this application, as the

same are not being repeated here for the sake of

brevity.

11. That the corrected para 5 of the Performa

for first listing against Appeal by way of motion

against Lodgement Order dated 16.02.2017 vide diary no.

3913 of 2017 issued by Registrar, Supreme Court of India

under Order XV Rule 5 of the Supreme Court Rules, 2013

has been annexed herein as Annexure P-1 (Page

from……….to…………).

12. That the para 5 of the Performa for the first listing

has been corrected and hence Appeal Crl. M.P. No……..of

2017 NOT TO BE LISTED BEFORE: Hon’ble Justice Navin

Sinha; Hon’ble Justice Ranjan Gagoi; Hon’ble Justice

Prafulla Chandra Pant; Hon’ble Justice Pinaki Chandra

Ghose and Hon’ble Justice Uday Umesh Lalit.

13. That there is likelihood of bias against Writ

Criminal 136 of 2016 by the two judges’ bench as laid

down in the Yadav Vs. State of Haryana AIR 1987 SC 454.

PRAYER

It is most respectfully prayed that this Hon’ble Court

may be pleased to:

(a) Allow the petitioners to submit a corrected para

5 of the Performa for first listing against the

Appeal by way of motion against Lodgement Order

dated 16.02.2017 vide diary no. 3913 of 2017

issued by Registrar, Supreme Court of India

under Order XV Rule 5 of the Supreme Court

Rules, 2013 for consideration of para 03 of this

petition/application by this Hon'ble Court as

the same is very necessary in the interest &

furtherance of justice.

b) Pass such other order/orders as this Hon'ble Court

may deem just and proper in the facts and

circumstances of the case.

DRAWN & FILED BY:

PETITIONER IN PERSON

OM PRAKASH

NEW DELHI:

FILED ON : 23.02.2017.

(WIDOW ASHA RANI DEVI)





IN


IN THE MATTER OF:


VERSUS



AFFIDAVIT

I, Om Prakash S/o Late D. N. Poddar, aged 44 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 application for

seeking permission to submit corrected para 5 of the

Performa for first listing against appeal by way of

motion against the Lodgment Order dated 16.02.2017 of

Registrar Supreme Court of India vide D.NO. 3913 of

2017 under Order XV Rule 5 of the Supreme Court

Rules, 2013, which has been drafted by me [para 01 to

04.], [Page 01 to ] and I, As. and having understood

the contents thereof I say that the facts state

therein are correct which are based on the official

record.

3. That the accompanying application for seeking

permission to submit corrected para 5 of the Performa

for first listing total pages.’

DEPONENT

VERIFICATION:

I, the above-named deponent do hereby verify that the

facts stated in the above affidavit are true to my

knowledge and belief. No part of the same is false and

nothing material has been concealed therefrom.

Verified at New Delhi on this the 23rd day of February,

2017.

DEPONENT

Refiled Criminal Appeal by way of Motion D.NO. 26314 dated 28.03.2017

Law

Transcript of Refiled Criminal Appeal by way of Motion D.NO. 26314 dated 28.03.2017