IN THE HIGH COURT OF DELHI AT NEW DELHI LPA NO. OF 2016 R.P.Luthra

…APPELLANT Versus

Union of India & Anr.

…RESPONDENTS

INDEX Sl. No. 1.

Particulars Urgent Application

2.

Notice of Motion

3.

Memo of Parties

4.

Synopsis

5.

List of Dates

7.

Appeal U/s 10 of Delhi High Court Act, 1966 alonwith it affidavit Annexure-A : Copy of the Order dated 13/05/2016

8.

Annexure-B : . Copy of the W.P.(C) 4229/2016

9.

Annexure-C : Copies of the 2 internet copy.

10.

Application under section 151 of the CPC for exemption from filing certified copies.

6.

(R.P.Luthra) Petitioner-in-Person New Delhi /05/2016

P.No.

SYNOPSIS The Appellant is a citizen of India and is a lawyer by profession, enrolled with the Bar Council of Delhi with enrollment no. D/22/1991. Appellant by way of filling a Writ Petition preferred to enforce his fundamental rights, which stood violated by the recommendation made by the Respondent No. 2 for the appointment of judges to the Supreme Court itself, as guaranteed under Article 14/16/19/21 of Constitution of India and also on other legal grounds which were available to the Petitioner. That the Hon’ble Single Judge vide its order dated 13/05/2016 had been pleased to dismiss the Writ Petition No. 4229/2016, with most of the observations which was neither argued nor pressed and , further, the main ground the violation of the fundamental rights of the Appellant and same has not been dealt with and therefore resulted into the miscarriage of justice, hence the present Appeal.

LIST OF DATES 10.05.2016

Writ Petition (Civil) subsequently registered as 4229/2016 was filled.

11.05.2016

The Hon’ble single judge while hearing the matter directed the Appellant to look into the judgment titled as D.K.Sharma Vs Union of India & Ors, passed by Division bench of this Hon’ble Court. On this Appellant prayed for a Passover but, somehow

matter

got

adjourned

for

13/05/2016. 12.05.2016

Appellant learnt from reliable sources that the warrant of appointment had already being signed and there had been every possibility that oath may be administered on 12/13 May 2016, hence preferred a mentioning before Hon’ble Single Judge. Thereafter, Hon’ble

before

Division

Division Bench

Bench.

The

permitted

the

Appellant to mention before the Hon’ble Single Bench. Accordingly 1:15 P:M matter was again mentioned along with mentioning Performa. On this, the Hon’ble Singh Judge directed the Appellant to inform the LD.

ASG and on the availability of the Ld. ASG, the matter would be taken up at 2:30 P:M. Ld. ASG deputed the Standing Counsel to represent the Union of India. However, at about 2:45 P:M, Appellant was informed that the matter cannot be heard unless listed for hearing and as a result Appellant had no other option but to wait for its turn for 13/05/2016 when the matter was to be heard. 13.05.2016

on opening of the argument on the first call, the Hon'ble Single judge directed the matter to be called at the end of board as it may take more than hour or so. Matter was call at around 4:10 P:M and without affording an opportunity to place his arguments, the matter was dismissed by pronouncing the order as “Petition dismissed”. Appellant prayed for further hearing but same was declined. At this stage a request was made by the LD. ASG to delete the Respondent No.3 from array of parties.

14.05.2016

Appellant

received

a

telephone

call

informing the Appellant that he may read the order. Accordingly, Appellant read the order in the court itself.

Appellant being aggrieved of the order passed by the Hon'ble single judge prefers the Present Appeal before this Hon’ble Court.

IN THE HIGH COURT OF DELHI AT NEW DELHI LPA No. __________2016

IN THE MATTER OF

R.P.Luthra Residing at: C-227, First Floor, Nirman Vihar, Delhi- 92

…APPELLANT

Versus 1.

2.

Union of India, Ministry of Law and Justice, (Judiciary) Through its Secretary 4th Floor, A-Wing, Shastri Bhawan, New Delhi-110 001.

…RESPONDENT No.1

The Supreme Court of India, through its Registrar General, Supreme Court of India, Tilak Marg, New Delhi 110 001. …RESPONDENT No.2

APPEAL UNDER SECTION 10 OF DELHI HIGH COURT ACT, 1966

MOST RESPECTFULLY SHEWETH 1. That Appellant being aggrieved of the order dated 13.05.2016 passed by Hon’ble Single Judge in W.P.(C) 4229/2016 (herein after refereed as impugned order) prefers the present appeal on the grounds stated here

after. Copy of the order dated 13.05.2016 is annexed herwith and marked as ANNEXURE-A.

2. That Appellant submits that he had preferred a Writ Petition before the Hon’ble High Court of Delhi for enforcing his fundamental rights, including his rights. The detailed facts and also the grounds had been stated in Writ Petition. Copy of the same is annexed herewith and marked as ANNEXURE-B. Appellant craves leave of this Hon’ble Court to read and treat the contents of the writ Petition as part and parcel of this Appeal, specifically in reference to the facts and grounds.

3. That Appellant submits that while removing objection raised by the registry, in reference to Prayer C & D of the Writ Petition, it was stated that that Prayer C & D of the Writ Petition be treated as deleted from the Writ Petition. It is further submitted that the Appellant did not argued any fact or a law in regard and in relation to the Prayer C & D.

4. That Appellant submitted before the Hon’ble Single bench that he would be limiting his argument only on

two issues i.e. firstly the violation of his fundamental rights guaranteed under Article 14/16/19 and 21 of the Constitution of India, including other rights available in Law to Appellant and secondly the recommendation by the Respondent No.2 was contrary to the sprite of the judgment titled as The Supreme Court Advocate on record & Anr Vs Union of India & Ors. Admittedly the impugned order has not dealt with this reliefs sought by the Appellant.

5. That Appellant submits that citizen of India, under no circumstance, can be left as remedy less. Moreover the technicalities

cannot

come

in

the

way

in

the

administration of justice, as has happen in the present case.

6. That Appellant submits that he was relying on atleast 2 historical event available on the internet in regard to the appointment of judges to the High Court. Copies of the same taken from the internet are annexed herewith and marked as ANNEXURE-C.

7. That Appellant submits that the impugned order has not only resulted into the miscarriage of justice but

also added to an injury suffered by the Appellant at the hands of Respondents. That impugned order is contrary to the facts as well as on law and therefore unsustainable in the eyes of law, hence deserves to be set aside by this Hon’ble Court. Therefore, the present Appeal before this Hon’ble Court.

8. Any other grounds with the permission of this Hon’ble Court.

9. That Appellant has not filed any other Petition before this Hon’ble Court or before the Hon’ble Supreme Court of India, seeking such similar relief as being sought in this Petition. PRAYER

It is, therefore, this Hon’ble Court may graciously be pleased to:

(a)

Set aside the order dated 13/05/2016 passed by

the

Hon’ble

consequential relief.

Single

Judge

with

(b)

Any other order or further order(s), as this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.

(R.P.Luthra) Petitioner-in-Person Residing at: C-227, First Floor, Nirman Vihar, Delhi- 92. Mob. 9818133399 New Delhi /05/2016

IN THE HIGH COURT OF DELHI AT NEW DELHI LPA NO. OF 2016 R.P.Luthra

…APPELLANT Versus

Union of India & Anr.

…RESPONDENTS

AFFIDAVIT

I, R.P.Luthra, S/o Late Sunder Dass, aged 57 Yrs, Residing at: C227, First Floor, Nirman Vihar, Delhi- 92, do hereby solemnly affirm and declare as follows:

1.

That I am the Appellant, appearing as party in person in the above mentioned case and I am fully conversant with the facts and circumstances of the case. Hence, I am competent to swear to this Affidavit.

2.

I state that the Annexure along with the Writ Petition produced herewith are the true copies of their respective originals.

Place: Delhi

DEPONENT

VERIFICATION I, the Deponent above named, do hereby verify and state that the contents of the Affidavit are true and correct to my knowledge and belief. No part, to the knowledge of the Appellantis false and, further, nothing has been concealed there from deliberately. Verified at New Delhi on this the …..th day of May, 2016. Place: Delhi

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI C.M.No. _______OF 2016 In LPA NO. OF 2016 R.P.Luthra

…APPELLANT Versus

Union of India & Anr.

…RESPONDENTS

APPLICATION ON BEHALF OF THE APPELLANTSEEKING EXEMPTION FROM FILING CERTIFIED COPIES & TYPED COPIES OF ANNEXURES UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908. MOST RESPECTFULLY SHOWETH: 1.

That the Appellant has filed accompanying writ petition seeking various remedies before this Hon’ble Court and has relied on various judicial orders and documents. Appellant submits, due to the paucity of time and urgency in the matter, Appellant is unable to file the certified copies and also the typed copies of the annexure.

2.

Appellant undertakes to apply for grant of certified copies at earliest opportunity available to him and file the same as and when made available by the copying agency. PRAYER a) It is, therefore, most respectfully prayed that in the interest of justice, this Hon’ble Court may please exempt the Appellant from filing certified copies of the orders and typed copies of documents at the time of filing instant writ petition.

b) Any other or further order(s), as this Hon’ble Court may deem fit and proper, in the interest of justice may also be passed in favour of the petitioner.

(R.P.Luthra) Petitioner-in-Person Residing at: C-227, First Floor, Nirman Vihar, Delhi- 92. Mob. 9818133399 New Delhi /05/2016

IN THE HIGH COURT OF DELHI AT NEW DELHI C.M.No. _______OF 2016 IN LPA NO. OF 2016 R.P.Luthra

…APPELLANT Versus

Union of India & Anr.

…RESPONDENTS

AFFIDAVIT

I, R.P.Luthra, S/o Late Sunder Dass, aged 57 Yrs,

Residing at: C-

227, First Floor, Nirman Vihar, Delhi- 92, do hereby solemnly affirm and declare as follows:

1.

That Appellanthas filed an application under section 151 of the Code of Civil Procedure,1908 along with the main writ petition praying for grant of exemption from filing certified copies and also the typed copies and state that the contents of the same are true and correct to the best of his knowledge and belief.

Place: Delhi

DEPONENT

VERIFICATION I, the Deponent above named, do hereby verify and state that the contents of the Affidavit are true and correct to my knowledge and belief. No part, to the knowledge of the Appellantis false and, further, nothing has been concealed there from deliberately. Verified at New Delhi on this the

Place: Delhi

th

day of May, 2016.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI LPA NO. OF 2016 R.P.Luthra

…APPELLANT Versus

Union of India & Anr.

…RESPONDENTS

Urgent application The Registrar, Delhi High Court New Delhi. Sir, Kindly treat the accompanying application as an urgent one in accordance with the High Court Rules and orders: The Ground of urgency as prayed for

(R.P.Luthra) Petitioner-in-Person Residing at: C-227, First Floor, Nirman Vihar, Delhi- 92. Mob. 9818133399 New Delhi 09/05/2016

IN THE HIGH COURT OF DELHI AT NEW DELHI LPA NO. OF 2016 R.P.Luthra

…APPELLANT Versus

Union of India & Anr.

…RESPONDENTS

NOTICE FOR MOTION Union of India, Ministry of Law and Justice, Through its Secretary 4th Floor, A-Wing, Shastri Bhawan, New Delhi-110 001. The Supreme Court of India, through its Registrar General, Supreme Court of India, Tilak Marg, New Delhi 110 001

Sir, Please find enclosed herewith a copy of the above mentioned appeal which is being filed before the Hon’ble Court and likely to be listed before the Hon’ble Court on______ 2016 or any other date as fixed by the Registry. Please note.

(R.P.Luthra) Petitioner-in-Person Residing at: C-227, First Floor, Nirman Vihar, Delhi- 92. Mob. 9818133399 New Delhi /05/2016

IN THE HIGH COURT OF DELHI AT NEW DELHI LPA NO. OF 2016 R.P.Luthra

…APPELLANT Versus

Union of India & Anr.

…RESPONDENTS MEMO OF PARTIES

R.P.Luthra Residing at: C-227, First Floor, Nirman Vihar, Delhi- 92

…APPELLANT

Versus 1. Union of India, Ministry of Law and Justice, Through its Secretary 4th Floor, A-Wing, Shastri Bhawan, New Delhi-110 001.

…RESPONDENT No.1

2. The Supreme Court of India, through its Registrar General, Supreme Court of India, Tilak Marg, New Delhi 110 001. …RESPONDENT No.2

(R.P.Luthra) Petitioner-in-Person Residing at: C-227, First Floor, Nirman Vihar, Delhi- 92. Mob. 9818133399 New Delhi /05/2016