Appeal against Lodgment Order of Registrar SCI under Order XV Rule 5 of SCI Rules 2013

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL MISCELLANEOUS APPEAL NO. OF 2017

Appeal by way of motion against the Lodgment Order dated

16.02.2017 by this Hon’ble Court 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 SUBMIT

CORRECTED PARA 5 OF THE PERFORMA FOR FIRST LISTING

AGAINST APPEAL BY WAY OF MOTION AGAINST THE

LODGEMENT ORDER DATED 16.02.2017

PAPER BOOK

(FOR INDEX KINDLY SEE INSIDE) PETITIONER IN PERSON

OM PRAKASH

FILING INDEX

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

CRL.M.P. NO. OF 2017

IN

WRIT PETITION CRIMINAL NO. OF 2017 D.NO.3913

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



S.N Particulars Copies Court Fees

1. Memo of Appearance 1

2. Appeal with Affidavit 1+3

3. Annexure P-1 1+3

4. Application for submission of

corrected listing Performa

1+3

Petitioner in Person

Filed on: 20.02.2017 (Om Prakash)

Diary No: 16166

Filed on: 23.02.2017

Diary No: 17593

(Widow Asha Rani Devi)

On behalf of Petitioner No.02




IN


WITH


WITH


AND


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 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 12 to

14).

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 stipulates, “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.

6. That the Lodgement Order dated 16.02.2017

of Registrar, Supreme Court of India has thoroughly

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

Orders 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.

8. That the Lodgement Order dated 16.02.2017 of

Registrar, Supreme Court of India has thoroughly

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 in 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.

Diary No : 16166

(WIDOW ASHA RANI DEVI)

ON BEHALF OF PETITIONER NO.02




IN


WITH


WITH


AND


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




IN


WITH


WITH


AND


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 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 07 to 08).

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.

DIARY NO : 17593

(WIDOW ASHA RANI DEVI)

ON BEHALF OF PETITIONER NO.02




IN


WITH


WITH


AND


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:-

3. 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.

4. 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 04 ]

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 08 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

Annexure P-1

Appeal against Lodgment Order of Registrar SCI under Order XV Rule 5 of SCI Rules 2013

Law

Transcript of Appeal against Lodgment Order of Registrar SCI under Order XV Rule 5 of SCI Rules 2013