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

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 3rd day of

February, 2017.

DEPONENT
 ANNEXURE P-1

Om Prakash Poddar <om.poddar@gmail.com>

Regarding Curative Pet. D.No. 41026/16

1 message

Tue, Jan 24, 2017 at 4:52

Section X, Supreme Court of India <sec.x@sci.nic.in>
PM
To: om.poddar@gmail.com

D.NO. 4293/2016/X SUPREME COURT OF INDIA NEW DELHI.

January 24, 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 – 110077

CURATIVE PETITION (CRL.) NO. ... OF 2016 (D.No. 41026)

IN
REVIEW PETITION (CRL.) NO. 825 OF 2016
IN
WRIT PETITION (CRIMINAL) NO. 136 OF 2016
(UNDER ARTICLE 32 OF CONSITITUTION OF INDIA)

OM PRAKASH & ANR. ...Petitioners

-Vs-
STATE OF BIHAR & ORS. ...Respondents

Sir,
With reference to Point No.1 of your email dated 22.12.2016 in the
matter above-mentioned, I am directed to inform you that no action
is called for on your letter dated 16.12.2016 sent via e-mail dated
17.12.2016 as the writ petition and the review petition have been
dismissed on merits by this Hon'ble Court and the Curative petition
has been filed.

With reference to Point No.2 of your email dated 22.12.2016 in the

matter above-mentioned,I am directed to further inform you that the
curative petition above-mentioned is being processed for listing
before the Hon'ble Judge-in-Chambers and you shall be informed about
the date of listing in due course.

Yours faithfully
ASSISTANT REGISTRAR(JUDL.)
 ANNEXURE P-2

Om Prakash Poddar
<om.poddar@gmail.com>

Attn:The Registrar (Miscellaneous)

1 message

Wed, Jan 25, 2017 at 3:20

Om Prakash Poddar <om.poddar@gmail.com>
PM
To: sec.x@sci.nic.in

Date: 25.01.2017
To,
The Registrar (Miscellaneous)
Section X
Supreme Court of India
New Delhi

Sub: Reply to your email letter vide diary no.

4293/2016/X dated 24.01.2017 -reg.

Hon’ble Madam,

1. That the petitioner has filed a Writ

Petition Criminal titled “OM PRAKASH & ANR
VS. UNION OF INDIA & ORS” vide diary No.2188
dated 18.01.2017 before Hon’ble the Supreme
Court of India.

2. 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 inRupa 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.

3. That it is the discretion of Hon’ble

Registrar Misc. either to process or not to
process the same for listing under the above
circumstances on her own risk.

Prayed for urgency accordingly,

Petitioner-In-Person
Om Prakash
S/O Late Shri Deep Narayan Poddar
RZF-893, Netaji Subhash Marg
Raj Nagar, Part-2. Palam Colony
New Delh-110077
Mob:9968337815
E-mail:om.poddar@gmail.com
 ANNEXURE P-3

Om Prakash Poddar
<om.poddar@gmail.com>

Attn:The Registrar Judicial (Section IB)

1 message

Om Prakash Poddar <om.poddar@gmail.com> Tue, Jan 31, 2017 at 6:41 PM

To: supremecourt <supremecourt@nic.in>

To,
The Registrar Judicial
Section IB
Supreme Court of India
New Delhi

Sub: Regarding Notification of defects against diary

No.2188 dated 18.01.2017-reg.

Hon’ble Sir/Madam,

1. That the petitioner has filed a Writ Petition

Criminal titled “OM PRAKASH & ANR VS. UNION OF
INDIA & ORS” vide diary No.2188 dated 18.01.2017
before Hon’ble the Supreme Court of India.

2. That the petitioner has not given his consent

through his email letter dated 25.01.2017 in
response to the letter dated 24.01.2017 vide diary
no. 4293/2016/X of Registrar Misc. Section X 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.

3. That the matter pertains to imminent danger

 to the life and liberty of a Senior Citizen
Oxygen dependent Women as well as an offence
of perjury committed by the Lower Court.

4. That the petitioner is trying to mention the

matter before Hon’ble the Chief justice of
India’s Court since 03.10.2016 but being
stopped by the Registry of this Hon’ble Court.

5. That this happens to be the last resort

under the legal remedy before COURT OF LAW for
the petitioner. As this is a 12 years long
matter.

6. That the notification of defects has been

delayed by the normal time by Section IB.

7. That the petitioner is praying for urgent

notification of defects so that the matter
could be listed urgently and eventually could
be mentioned urgently for urgent relief.

Prayed for urgency accordingly,

Filed on: 31.01.2017 OM PRAKASH

New Delhi: PETITIONER IN PERSON
S/O Late Shri Deep Narayan Poddar
RZF-893, Netaji Subhash Marg
Raj Nagar, Part-2. Palam Colony
New Delh-110077
Mob:9968337815
E-mail:om.poddar@gmail.com
ANNEXURE P-4
 IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION

CRL.M.P. NO. OF 2017

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

APPLICATION FOR SEEKING PERMISSION TO

APPEAR AND ARGUE THE WRIT PETITION

(CRIMINAL) IN-PERSON AND GRANT OF SPECIAL

POWER OF ATTORNEY ON BEHALF OF PETTIONER

NO.02.

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. 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, 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 BY THIS POWER OF ATTORNEY I, Widow Asha

Devi, wife of Late Shri Deep Narayan Poddar,

residing at ASHA DEEP NIWAS, Vill-Kantiya

Panchayat, Shukkar Haat Sonaili, in front of

Durga Mandir, P.S. Kadwa, Distt-Katihar,

Bihar-855114 being petitioner no.02 in Writ

Petition (Criminal) of 2017 before this

Hon’ble Court do hereby authorize/ appoint

Shri Om Prakash, petitioner no.01 S/O Late

Shri Deep Narayan Poddar residing at RZF -893,

Netaji Subhash Marg, Raj Nagar, Part-2, Palam

Colony, New Delhi-110077 my attorney in my name

and on my behalf to appear and argue the Writ

Petition (Criminal) no. of 2017 before this

Hon’ble Court.

3. That N.B.W dated 08.09.2011 u/s 498A process

u/s 83 Cr.Pc. has been issued against petitioner

no.02 as well which has been disclosed by the Ld.

CJM Begusarai through RTI reply dated 27.08.2016.

4. That petitioner no.02 is an oxygen dependent

COPD patient and undergoing treatment with AIIMS at

New Delhi which is on the Hon’ble Supreme Court

Record with SLP(C) no. 9854/2012, SLP(C) no.

9483/2013, SLP(C) no. 19073/2013, Writ (C) 90 of

2016, Writ (Crl.) 136 of 2016, Review (Crl.) 825 of

2016, Curative (Crl.) vide diary no. 41026 and Writ

(Crl.) vide D.NO.2188 of 2017 therefore she is

unable to attend the proceedings of this Hon’ble

Court.

5. That the Central Information Commission (CIC)

order dated 25.09.2014 and NALSA letter dated

13.05.2015 have not been complied by all the three

tier of legal Aid Institutions in India whereby and

where petitioner has been denied access to services

of legal Aid directly and indirectly, which has

resulted in wrong judgment by the Ld. Trial Court

and extremely painful journey of petitioner in

person at all the three tier of Hon’ble Indian

Courts throughout seven years from 2010 to 2016.

Petitioner is scared of Legal Aid Advocates.

Evidences have been placed on record against legal

aid institutions with Writ Civil 90 of 2016.

6. Petitioner does not want to engage any

Advocate against his Writ Petition (Criminal)

no…….. of 2017 even if so provided by this Hon’ble

Court.

7. That the Petitioner is well conversant with the

facts of the case and competent enough to argue the

case before this Hon’ble Court.

PRAYER

It is most respectfully prayed that this Hon’ble

Court may be pleased to:

(a) Kindly permit the Petitioner to appear and

argue the Writ Petition (Criminal) in-person

and grant special power of Attorney on behalf

 of petitioner no.02.

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 : 03.02.2017.

ON BEHALF OF PETITIONER NO.02

WIDOW ASHA RANI DEVI
 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 D. N. 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

application Under Section 151 C.P.C. for

seeking permission to appear and argue the Writ

Petition (Criminal) in person and grant of

special power of attorney on behalf of

 petitioner no.02, which has been drafted by me

[para 01 to 07.], [Page 23 to 27 ] 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 Under Section

151 C.P.C. for permission in person and grant

of special power of Attorney total 07 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 3rd day of

February, 2017.

DEPONENT