Order dated 06.02.2023 in Abduction & Gang Rape by Supreme Court.pdf
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Annexure P-1
ITEM NO.25 COURT NO.3 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(CRIMINAL) Diary No. 18546/2022
OM PRAKASH Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and IA No.8023/2023-CONDONATION OF DELAY IN
REFILING/ CURING THE DEFECTS and IA No.196275/2022-PERMISSION TO
PLACE ON RECORD SUBSEQUENT FACTS and IA No.11921/2023-PERMISSION
TO APPEAR AND ARGUE IN PERSON and IA No.143346/2022-SEEKING LEAVE
TO FILE WRITTEN ARGUMENTS and IA No.157294/2022-SEEKING LEAVE TO
FILE WRITTEN ARGUMENTS and IA No.15979/2023-CLUBBING OF SIMILAR
SLPS FOR PROPER ADJUDICATION and IA No.164340/2022-UNDER SECTION
151 OF CPC and IA No.187397/2022-UNDER SECTION 151 OF CPC and IA
No.15405/2023-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 06-02-2023 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE K.M. JOSEPH
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s)
Petitioner-in-person
For Respondent(s)
UPON hearing the petitioner-in-person
the Court made the following
O R D E R
Delay in refiling is condoned.
The petitioner has approached this Court seeking the following reliefs:
“
(i) To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No.01, 02, 03, 05, 06, 07, and 08 to
register an F.I.R against the complaints of petitioner made since 2011
to till date and to investigate into the persistent gang rapes of the
victims at the source point of human trafficking at Sonaili Katihar
Bihar, rescued from illicit sex trade and child sexual abuse from
destination/transit point of human trafficking at Sashtri Park North
East Delhi and the rampant abuse of police power against the
petitioner as well as against the victims and direct to register an F.I.R
under relevant sections of IPC against the accused rapists of persistent
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gang rapes, illicit sex trade, hidden prostitution, child sexual abuse,
human trafficking of rescued victims by the nexus of states, NGOs,
Gangsters, Mafia and Indian Defense Organizations and to be
monitored by issuing a necessary direction to the District Judge and
SHO to investigate the matter impartially, fairly and properly
including the arrest of the accused, after the registration of F.I.R.
(ii)To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No.01, 02, 03, 05, 06, 07, and 08 to
pass a dismissal order against the lady magistrate Katihar,
accompanying with the petitioner in W.P.(Crl) 242/2021 and
W.P.(Crl) 137/2021 for placing illegal, false and fabricated documents
to this Hon’ble Court to transfer the case from Delhi to Bihar and
taking unauthorized custody of the rescued victims with an ulterior
motive of re-pushing them into the same business of flesh trade for
generating revenue out of it.
(iii) To tag all petitions W.P.(Crl) 136/2016, W.P.(Crl) 137/2021
and W.P.(Crl) 242/2021 together with this petition in the furtherance
of justice.
(iv) To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No. 03 and 15 to direct respondent no.
16 and 17 to resume the electricity services of the house of the
petitioner immediately.
(v)To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No. 03 to direct respondent no. 04, 18,
19, 20 and 21 to investigate into the lapse of medical services by
Primary Health Centre Kadwa Durgaganj and Sadar Hospital Katihar,
for injecting inappropriate injections into the body of petitioner,
taking unauthorized blood sample of petitioner on 12.05.2022 injuring
internally and snatching his medical prescription and daily diary from
his hand on the same day and date to evade the evidence.
(vi) To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No. 01 to direct respondent no. 32, 33
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and 34 to investigate into the matter of not handing over the victims
to the petitioner and re-pushing the rescued victims into the same
business of flesh trade, gang rapes, illicit sex trade, hidden
prostitution, child sexual abuse and human trafficking at the source
point of human trafficking at Sonaili Katihar, Bihar.
(vii) To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No. 01 to direct respondent no. 35 to
investigate into the matter of misuse of defense telecommunication
technologies, misuse of Air base for human trafficking, the victims of
gang rape from one place to another place, misuse of intelligence
services to sustain the business of illicit sex trade and child sexual
abuse, misuse of high technologies devices and chips for scanning,
imaging, monitoring the activities and targeting the locations of
whistle blower, misuse of geo-space scientist and meteorological
department services for causing artificial rain endangering National
Security to sustain the business of gang rapes, illicit sex trade, hidden
prostitution, child sexual abuse and International human trafficking to
create an absolute social anarchy in the civil society.
(viii) To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No.01, 02, 03, 05, 06, 07 and 08 to
initiate rehabilitation process of the rescued victims and to initiate
handing over process of the rescued victims after doing medical,
arrest, charge sheet and presenting before the court of law either
within the family or within the state institutions like women shelter
homes, children observation homes, counselling for preparing them
mentally and enabling them to choose rehabilitation options
democratically, institutional arrangements for security of the victims
to avoid further gang rapes and sexual abuse of the victims by human
traffickers and to pass an order to allow the petitioner to know the
whereabouts of the victims and to allow to meet and supervise the
victims of gang rapes.
(ix) To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No.01, 02, 03, 05, 06, 07 and 08 to
make necessary arrangements for impartial medical examinations of
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the gang rapes victims from multiple nodal health institutions across
country and ensure cross examination of the medical reports to avoid
falsehood and bias.
(x) To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No.01, 02, 03, 05, 06, 07 and 08 to
provide necessary security to the petitioner and the victims of gang
rapes and allow the petitioner to supervise, evaluate, monitor and
report the security services provided by the Centre or State.
(xi) To issue a writ of mandamus or other appropriate writ order or
direction to respondent no.01 and 7 to direct concern SHO to register
an F.I.R against respondent no. 28 the Chairperson, National
Commission for Protection of Child Rights (NCPCR), Government of
India for commissioning cognizable offence against the victim of
gang rapes deliberately delaying the rescue of child sexual abuse cases
and indulging, sustaining the gang rapes of the victims for generating
revenue out of it till date.
(xii) To issue a writ of mandamus or other appropriate writ order or
direction to the respondent no.01, 02, 03, 04, 05, 06, 07 and 08 to
register an F.I.R against no. 29, 30, 31, 37, 38, 39 and 40 Child Line
India Foundation for commissioning cognizable offence against the
victim of gang rapes deliberately delaying the rescue of child sexual
abuse cases and indulging, sustaining into the gang rapes of the
victims for generating revenue out of it till date and initiate actions to
dismiss the concerned officials who are indulged in doing human
trafficking, illicit sex trade and organizing the events of gang rapes of
the victims.
(xiii) To issue a writ of mandamus or other appropriate writ order or
direction directing respondent 01, 02, 03, 05, 06, 07 and 08 to rescue,
arrest, medical with HIV, Reproductive health damage and loss,
sexually transmitted infections, uterus status, DNA testing with minor
daughter’s blood, charge sheet and place before the Fast track Court
under POCSO Act or juvenile court or any other court and initiate the
rehabilitation process and handing over process of the victim wife,
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minor daughter and 50 other family members and their respective
children of petitioner immediately till the investigation team
constituted by this Hon’ble Court or the investigation process resumes
and completes.
(xiv) Constitute a competent team under the supervision of Hon’ble
Supreme Court of India to reinvestigate the matter as this matter is
connected to International sex racket.
(xv) To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No.01, 02, 03, 05, 07 and 08 to issue a
death warrant or hanged to death order against the guilty Public and
non-governmental authorities and delinquent officials involved into
this matter of persistent gang rapes of victims for more than 18 years
in the larger interest of all children across country.
(xvi) To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No.01, 03, 04, 05 and 08 to register an
F.I.R against the criminal act of respondent no. 41 and 36 for making
railway property as a hotspots of illicit sex trade, child sexual abuse
and gang rapes of the rescued victims persistently in the larger interest
of all children across country.
(xvii) To issue a writ of mandamus or other appropriate writ order or
direction directing respondent No.01, 02 and 07 to initiate appropriate
action against respondent no. 37 Director, trustee and governing
bodies of Delhi/NCR based NGO Asha Deep Foundation for its
wrongful association with the victim’s minor daughter of the
petitioner and pushing her into the business of flesh trade, child sexual
abuse, illicit sex trade and Gang rapes for generating revenue out of it.
(xviii) Pass such other order/orders as this Hon'ble Court may deem
just and proper in the facts and circumstances of the case”.
We have heard the petitioner who appears as petitioner-in-person.
The petitioner has referred to a sex racket. He has also stated that the
petitioner wanted to get custody, recovery and rescue of his minor
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daughter. Without prejudice to any of the remedies in any other
competent forum, the writ petition will stand dismissed.
Pending applications stand disposed of.
(NIDHI AHUJA) (RENU KAPOOR)
AR-cum-PS ASSISTANT REGISTRAR
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