I have filed a Delhi High Court Contempt Case against DCP Pranav Tayal IPS AGMUT 2011 in Writ Petition Criminal 2469/ 2023. A copy is attached and reproduced below.
IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL CIVIL JURISDICTION
CIVIL CONTEMPT PETITION NO. OF 2024
IN
WRIT PETITION CRIMINAL NO. 2469 OF 2023
IN THE MATTER OF
SEEMA SAPRA … Petitioner
Versus
Delhi Police Commissioner & OTHERS … Respondents
AND IN THE MATTER OF:
Pranav Tayal IPS AGMUT 2011
Presently posted as DCP Special Branch
….CONTEMNOR/
RESPONDENT
PETITION UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971
The Petitioner abovenamed respectfully submits as under:
1. The following order was passed by the Hon'ble Supreme Court of India pursuant to a brutal physical assault on the Petitioner by two policemen outside the Delhi High Court in the early hours of 1 March 2019.
| ITEM NO.801 COURT NO.3 SECTION II-C 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.13/2018 SEEMA SAPRA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) WITH W.P.(C) No.1027/2018 (X) Date : 01-03-2019 These matters were mentioned today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE DEEPAK GUPTA For Appellant(s) Ms. Seema Sapra, Petitioner-in-person For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ms. Seema Sapra, Advocate, who is appearing as the petitioner-in-person in these writ petitions, has mentioned before this Court today that she has been assaulted by some policemen outside the High Court of Delhi last night. It would be appropriate if Ms. Sapra, petitioner-inperson, files an First Information Report (FIR) to that effect in the Office of appropriate Deputy Commissioner of Police who is in-charge of the Tilak Marg Police Station, New Delhi. She may also seek police protection since she apprehends danger to her life. As prayed for, liberty is also granted to Ms. Sapra, petitioner-in-person, to file interlocutory application for directions in the main writ petitions. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR |
2. Not only was the Petitioner abused, threatened, and repeatedly slapped and punched on her face, head and upper body by the two Policemen, they also snatched her mobile and left her lying on the ground sometime after 12 am in the early hour of 1 March 2019. The Petitioner's mobile was returned later in the day (evening) by the SHO of Tilak Marg Police Station. The phone had been completely broken. It could not be turned on. And the memory card wiped clean.
3. This Supreme Court order dated 1 March 2019 has not been complied with till date, despite the Petitioner having repeatedly requested the office of the DCP New Delhi and the Office of the Police Commissioner for registration of FIR and for protection. Specifically, requests were made to IPS Madhur Verma when he was DCP, New Delhi. Requests for compliance were also made to Dr Eish Singhal when he was DCP New Delhi. Both failed to comply. Both failed to even meet the Petitioner, despite her requests for meetings. DCP Eish Singhal even blocked the Petitioner's Twitter account when she tweeted this order to him as DCP New Delhi.
4. There will be CCTV images with the Delhi High Court and Delhi Police of this Police assault. The Petitioner has additional evidence in her possession of this beating by the two policemen. This evidence includes an audio recording from that night which records the actual assault and beating as well. The recording was made on a voice recorder which was in the front pocket of the Petitioner's backpack and which was on record mode the whole time.
5. The Commissioner of Police Mr Sanjay Arora IPS 1988 Tamil Nadu Cadre has been made aware of all of the above and of the continued violation of Supreme Court Order dated 1 March 2019. Mr Sanjay Arora's failure to rectify the ongoing and continued violation of the Supreme Court order dated 1 March 2019 by the Delhi Police as an institution makes him personally liable for contempt of court.
6. The respondent in the present Contempt Case, DCP Pranav Tayal IPS AGMUT 2011 was DCP New Delhi when WP Crl 2469/ 2023 was filed and that Petition expressly stated that he was also in violation of the Supreme Court Order dated 1 March 2019. DCP Pranav Tayal remained DCP New Delhi until 12 January 2024 when he was transferred to the Special Branch as DCP.
7. Notice was issued to the Respondents in WP Crl 2469/ 2023 by order dated 20 September 2023 with a direction to file counter affidavits. Respondent No. 1 is the Commissioner of Police, presently Mr Sanjay Arora. Respondent No. 2 is the DCP New Delhi. Respondent No. 3 is Registrar General, Delhi High Court. Respondent No. 4 is the Union Home Affairs through its Secretary.
8. As a result of the failure of the Delhi Police to comply with the Supreme Court Order dated 1 March 2019, the Petitioner is facing a grave and immediate threat to her life including from Policemen. No FIR has been registered. No protection has been provided to the Petitioner.
9. Mr Pranav Tayal IPS AGMUT 2011 was DCP New Delhi on the date notice was issued in WP Crl 437/ 2023 and when the Court directed the filing of counter affidavits. Pranav Tayal remained DCP New Delhi until 12 January 2024. Despite having been issued Court Notice and despite having been directed to file a counter affidavit by Court order dated 20 September 2023, and despite being aware of this Order, Pranav Tayal as DCP New Delhi failed to enter appearance in and to appear in WP Crl 2469/ 2023 for almost 16 weeks. Pranav Tayal also failed to file a counter affidavit as DCP New Delhi from October 2023 until 12 January 2024, i.e., for a period of about 12 weeks. After 20 September 2023, WP Crl 2469/ 2023 was listed for hearing on 31 October 2024, 22 November 2024, 1 December 2024, 24 January 2024, and on 7 February 2024. Pranav Tayal as DCP New Delhi failed to appear for the court hearings on 31 October 2024, 22 November 2024, 1 December 2024 either personally or through an Officer duly authorised to appear on his behalf. Basically, Pranav Tayal as DCP completely ignored the Court Order dated 20 September 2023 passed in WP Crl 2469/ 2023 issuing notice to him as DCP New Delhi and thereby directing him to appear in the matter, and directing him to file a counter affidavit. Pranav Tayal instead did nothing. He did not appear and he did not file the counter affidavit for DCP New Delhi. By these acts/ omissions, Pranav Tayal as DCP New Delhi wilfully, deliberately and malafidely disobeyed the Court Order dated 20 September 2023 in WP Crl 2469/ 2023 and wilfully, deliberately and malafidely obstructed the administration of justice in WP Crl 2469/ 2023 and wilfully, deliberately and malafidely obstructed compliance with the Supreme Court Order dated 1 March 2019 passed in Writ Petition (Civil) 13/2018 with Writ Petition (Civil) 1027/2018. Pranav Tayal has therefore committed wilful contempt of court.
10. The brief facts are as follows.
| 21 Aug 2023 | The Petitioner filed Delhi High Court Writ Petition Criminal 2489/ 2023 seeking directions to the DCP New Delhi for immediate registration of an FIR in respect of the Petitioner's complaint that she was physically assaulted and beaten by two policemen outside Delhi High Court in the early hours of 1 March 2019. The Supreme Court by its order dated 1 March 2019 has already issued directions for the registration of an FIR and for protection which order is still not complied with by Delhi Police. The following relief has been sought by the Petitioner in Delhi High Court Writ Petition Crl 2469/ 2023 | (i) Direct the DCP New Delhi to immediately register an FIR on the Petitioner's complaint that she was physically assaulted and beaten by two Policemen outside Delhi High Court in the early hours of 1 March 2019 and that her mobile phone was snatched by these Policemen and that the mobile phone was broken and returned to the Petitioner later in the evening of 1 March 2019 by the Tilak Marg Police station SHO in his office; (ii) Direct the DCP, New Delhi and the Commissioner of Police to immediately comply with the Supreme Court Order dated 1 March 2019 passed in Writ Petition Civil 13/ 2018 with Writ Petition Civil 1027/2018 and to immediately register the necessary FIR as directed in this order and to provide full protection to the Petitioner so as to ensure that the Petitioner is not harmed in any manner including by Policemen; (iii) Direct the Commissioner of Police, the DCP New Delhi and the Ministry of Home Affairs to provide immediate and full protection to the Petitioner after looking into the threat to her life based upon documentary evidence to be supplied by the Petitioner; (iv) To pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. |
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| 29 Aug 2023 | CRL.M.A. 23597/2023 was filed in Writ Petition Crl 2469/2023 by Petitioner seeking the following relief. | 1. To Direct the Commissioner of Police Mr Sanjay Arora to have the protection orders dated 1 March 2019 passed in Supreme Court Writ Petition Civil 13/ 2018 and dated 1 June 2023 passed in Dehi High Court WP Crl 437/ 2018 complied with forthwith in accordance with law; 2. To direct the Union of India through Secretary, Ministry of Home Affairs to provide immediate protection and security to the Petitioner; 3. To direct the Delhi Police Commissioner to ensure that the Petitioner is not illegally or forcibly evicted from her rented premises at Rajokri without due process of law and to ensure that the Petitioner faces no retaliation from her landlord or from anyone else as a consequence of her complaints and this application; 4. To direct the Delhi Police Commissioner to ensure that the Petitioner is not subjected to any physical violence in Rajokri or elsewhere as a result of the present application having been filed; 5. To direct the Delhi Police Commissioner to ensure that the Petitioner is not poisoned or targeted further in her rented premises in Rajokri; 6. To direct the Delhi Police Commissioner to ensure that the Petitioner is not followed; 7. To direct the Delhi Police Commissioner to ensure that men targeting the Petitioner do not surround the Petitioner's premises either during the day or night; 8. To direct the Delhi Police Commissioner to assist the Petitioner in installing CCTV covering all entry points into her rented premises in Rajokri and covering the roof and areas outside; 9. To direct the Delhi Police Commissioner to ensure that the Petitioner's rented premises at Rajokri are not entered into in her absence; 10. Pass orders to ensure that the Petitioner is not targeted with chemical agents in Court (both inside and outside the court-room) to obstruct her from arguing her case/s when these are listed for hearing; 11. To pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. |
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| 31 Aug 2023 | The Petitioner filed the following documents in WP Crl 2469/ 2023 | i) Copy of Supreme Court Order dated 14.08.2019 ii) Copy of Supreme Court Order dated 26.11.2019 iii) Copy of petitioner's e-mail complaint dated 01.03.2019 iv) Copy of petitioner's e-mail complaint dated 02.03.2019 v) Copy of petitioner's e-mail complaint dated 03.03.2019 |
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| 31 Aug 2023 | Delhi High Court Writ Petition Criminal 2469/ 2023 was listed for hearing and the following order was passed | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2469/2023, CRL.M.A. 23594/2023 SEEMA SAPRA ..... Petitioner Through: Petitioner in person versus DELHI POLICE COMMISSIONER AND ORS ..... Respondents Through: Mr. Amol Sinha, APP for the State with Insp. Hankesh Meena, PS Tilak Marg CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE 31.08.2023 O R D E R 1. Ms. Seema Sapra, petitioner appearing in person, submits that the documents as mentioned hereinbelow have been filed today itself vide Diary No 1494946/2023:- i) Copy of Supreme Court Order dated 14.08.2019 ii) Copy of Supreme Court Order dated 26.11.2019 iii) Copy of petitioner's e-mail complaint dated 01.03.2019 iv) Copy of petitioner's e-mail complaint dated 02.03.2019 |
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