Order dated 06.02.2023 in Abduction & Gang Rape by Supreme Court.pdf
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
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Digitally signed by
Nidhi Ahuja
Date: 2023.02.14
16:55:41 IST
Reason:
Signature Not Verified
WRIT PETITION(CRIMINAL) Diary No. 18546/2022
to till date and to investigate into the persistent
gang rapes of the victims at the source point of human
trafficking at Soinaili 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 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.
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WRIT PETITION(CRIMINAL) Diary No. 18546/2022
(vi) To issue a writ of mandamus or other appropriate
writ order or direction directing respondent No. 01 to
direct respondent no. 32, 33 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 the
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WRIT PETITION(CRIMINAL) Diary No. 18546/2022
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, minor daughter and 50
other family members and their respective children o f
petitioner immediately till the investigation team
constituted by this Hon'ble Court or the investigation
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WRIT PETITION(CRIMINAL) Diary No. 18546/2022
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 8 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 daughter.
Without prejudice to any of the remedies in any other
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WRIT PETITION(CRIMINAL) Diary No. 18546/2022
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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