Format for filing a complaint with the NHRC

[A] COMPLAINANT’S DETAILS

1.Name: OM PRAKASH PODDAR AND WIDOW ASHA DEVI

2.Sex Male AND Female 3.Contact/Mobile No. 9968337815

4.Address: R/O ASHA DEEP NIWAS, SHUKKAR HAAT, IN FRONT OF DURGA MANDIR, KANTIYA

PANCHAYAT, SONAILI P.S. KADWA & RENTED R/O RZF-893, NETAJI SUBHASH MARG, RAJ NAGAR, PART-

2, PALAM COLONY, NEW DELHI-110077

5.District: KATIHAR State BIHAR Pin-Code: 855114

[B] INCIDENT DETAILS

1.Place of Incident PALAM COLONY/PALAM VILLAGE/NEW DELHI/SOUTH WEST DISTRICT

(Village/Town/City)

2.District SOUTH WEST State DELHI Date of Incident 15.04.2005

[C] VICTIM’S DETAILS

1.Name : OM PRAKASH PODDAR & ASHA DEVI No. of Victims: 02

2.Address: R/O ASHA DEEP NIWAS, SHUKKAR HAAT, IN FRONT OF DURGA MANDIR, KANTIYA

PANCHAYAT, SONAILI P.S. KADWA & RENTED R/O RZF-893, NETAJI SUBHASH MARG, RAJ NAGAR, PART-

2, PALAM COLONY, NEW DELHI-110077

3.District KATIHAR State BIHAR Pin-Code: 855114

4.Religion (Hindu/Muslim/Sikh/Christian/Buddha/Others) HINDU

5.Caste SC ST OBC Gen OBC 6. Sex Male Female

7.Age years 43 YEARS & 71 YEARS 8.Disabled No

[D]Brief Summary of Facts/Allegations of Human Rights involved:

STATE APPARATUS INVOLVED IN KILLING A CONMAN MAN IN INDIA

TWO STATES JURISDICTIONS INVOLVED IN THIS COMPLAINT.

https://www.linkedin.com/pulse/state-apparatus-involved-killing-conman-man-india-om-prakash-

poddar?trk=prof-post

False and Frivolous reply by Chief Judicial Magistrate Cum Public Information Officer District Court Begusarai Bihar in India setting an example of State Apparatus involved in killing a common man in India.

RTI reply by Chief Judicial Magistrate Cum Public Information Officer District Court Begusarai Bihar in India (Attached)

Certified Copy of Order dated 4th April 2011 issued by District Court Begusarai Bihar in India which falsify the RTI reply under QUESTION NO.07 by Chief Judicial Magistrate Cum Public Information Officer District Court Begusarai Bihar in India setting an example of State Apparatus involved in killing a common man in India.

Certified Copy of Order dated 4th April 2011 issued by District Court Begusarai Bihar in India (Attached)

The RTI reply of Ld. Chief Judicial Magistrate Cum Public Information Officer District Court Begusarai Bihar in India under QUESTION NO.07, "the application for cancellation of NBW was never pressed before court, so no order was passed upon it and neither the petitioner nor his advocate had appeared before the court" has been falsified by the below linked documents viz. Vakalatnama filed by the Advocate on behalf of Petitioner; Certified Copy of Application for cancellation of NBW and replication on behalf of Applicant/Petitioner with Affidavit in support; Filing Index; Memo of Parties and List of documents dated 3rd March 2011.

The same is also placed on record with Ld. Trial Court at New Delhi in Case No. HMA-700 of 2010 and on the ground of which Hon’ble High Court of Delhi has pronounced the Judgement in Case No. MAT. APPL. 7 of 2012 on 23.07.2013 in favor of me.

Vakalatnama filed by the Advocate on behalf of Petitioner at District Court Begusarai dated 3rd March 2011(Attached)

Certified Copy of Application for cancellation of NBW and replication on behalf of Applicant/Petitioner with Affidavit in support; Filing Index; Memo of Parties and List of documents dated 3rd March 2011. (Attached)

JUDGEMENT OF HIGH COURT OF DELHI

JUDGMENT OF TRIAL COURT AT NEW DELHI

Two NBW (Non Bail able Warrant) issued from the same CJM Court Begusarai for the same cause of action against the same person.

One NBW is open and another is hidden by the Court since 08.09.2011 process u/s 83 of Cr.Pc. with a criminal intention to kill me and my mother to usurp my parental property in Bihar.

One NBW was issued on 25.08.2010 u/s 12 of domestic violence Act in case no. 9P of 2010 after a gap of 6 years.

Another NBW process u/s 83 of Cr.Pc. was issued on 08.09.2011 u/s 498A/323 of Indian Penal Code and u/s 3/4 of Dowry Prohibition Act after a gap of 7 years which has been kept secret by the CJM Court Begusarai till date.

Sitting in ambush to attack me and my mother at the time of their own convenience OR to repeat the whole Trial under the jurisdiction of Hon’ble Patna High Court and to convert it into the criminal Appeal by me and my mother OR to make it rare of the rarest case by killing us in the similar fashion as they had killed my diabetic above the knee amputee handicapped father in 2007 to usurp my parental property in Bihar.

GOD pushed me on 01.03.2016 to inquire about the non-availability of case data against Case No. 9P of 2010 at the website of e-court services through System Officer District Court Begusarai.

Upon inquiry, Ld. System Officer, District court Begusarai supplied the information against case no 5591/2013 u/s 498A while the information was sought by me against the case no 9P/2010 u/s 12 of Domestic violence Act

Information Supplied by Begusari court against Case data on 1st March 2016 (Attached)

Peculiar fact of this matter is that the Hon’ble Judges have played a role of respondents throughout the case either in Delhi or in Bihar. Actual party has not even filed a single piece of paper before the Ld. Trial court at New Delhi.

Since 2004 to 2009, criminal conspiracy through local leaders and Mafia and since 2010 to till date, through Indian Courts.

Everything has been finished. 12 years long criminal conspiracy has taken away the life of my father untimely in 2007 and we (me and my ailing old age mother) have been kept captive and house arrest virtually.

How State Apparatus and Mafia are involved in criminal conspiracy against a vulnerable common man in two states viz. Delhi & Bihar since 2004 has been apprised before the Hon’ble Supreme Court of India from time to time through SLP(C) no. 9854/2012, SLP(C) no. 9483/2013, SLP(C) no. 19073/2013 and Writ (C) 90 of 2016?

ORDER AGAINST SLP(C) no. 9854/2012

ORDER AGAINST SLP(C) no. 9483/2013

ORDER AGAINST SLP(C) no. 19073/2013

ORDER AGAINST Writ (C) 90 of 2016

The case has reached up to this stage after 12 years through RTI against Ld. Principal Judge Deepa Sharma of Trial Court at New Delhi and RTI reply dated 30.08.2011; RTI against Hon'ble Justice Ms Veena Birbal of Hon'ble High Court of Delhi and RTI reply dated 27.08.2012; CIC decision order dated 25.09.2014 under Om Prakash Poddar Vs Department of Legal Affairs against Delhi State Legal Services Authority; Department of Justice Govt of India letter to NALSA dated 13.04.2015; NALSA letter to

Supreme Court Legal Service Committee dated 13.05.2015; NALSA letter to Delhi High Court Legal Service Committee dated 13.05.2015; NALSA letter to Delhi State Legal Service Authority dated 13.05.2015 and RTI against Ld. Shri Chandra Mohan Jha, CJM, Civil Court Begusarai Bihar of Ld. CJM Divivsion District Court Begusarai Bihar and RTI reply dated 27.08.2016.

RTI REPLY BY LD. MS DEEPA SHARMA, LD. PRINCIPAL JUDGE, FAMILY COURT, DWARKA AT NEW DELHI

DATED 30.08.2011

RTI reply by PIO High Court of Delhi dated 27.08.2012

CIC decision order dated 25.09.2014 under Om Prakash Poddar Vs Department of Legal Affairs

Department of Justice Govt of India letter to NALSA dated 13.04.2015 on functioning of legal Aid

Institution in India.

NALSA letter to Supreme Court Legal Service Committee dated 13.05.2015 for refusal of Legal Aid to me.

NALSA letter to Delhi High Court Legal Service Committee dated 13.05.2015 for instituting MAT APPL

7/2012 concealing the material facts and moving the adjournment slip without the intimation to me and

withdrawing the legal Aid without prior intimation.

NALSA letter to Delhi State Legal Service Authority dated 13.05.2015 for not attending the court hearing

by all the three legal Aid Advocates allocated to me as a result of that Wrong Judgment being passed by

the Ld. Trial Court at New Delhi.

Hon’ble Chief Minister of Bihar Secretariat has found the online grievances no. 999990118071603221 &

999990118071603224 dated 18.07.2016 of me against Ld. CJM Court Begusarai and women protection

officer, Begusarai under the negative list and forwarded it to the Law Department, Government of Bihar

for requisite reply and necessary action for redressal.

ORDER NO.01

No reply by Law Department Government of Bihar under Bihar Public Grievances Redressal Right Act

2015

ORDER NO.02

No reply by Law Department Government of Bihar under Bihar Public Grievances Redressal Act 2015

Ld. Public Information Officer, Law Department, Government of Bihar directly refused to reply under RTI

Act 2005 on the ground of "non availability of records and PIO is not answerable to imaginary

questions of applicant" while the Hon'ble Chief Minister's Secretariat has found it under negative list

and forwarded my complaint dated 18th July 2016 to the Law Department Government of Bihar as

evident from the above mentioned TWO disposal order (without resolution in the garb of section 2(a) of

Bihar Public Grievances Redressal Right Act 2015 ) passed by the Law Department itself on 11.08.2016.

Direct refusal to reply by PIO Law Department Govt of Bihar under RTI Act 2005

Mr. S.B. Sinha, Retd. Chief Justice of Delhi High Court and aborigine of Dhanbad, Jharkhand Bihar is mastermind behind it.

A letter to S.B Sinha Rtd Justice dated 17th August 2011(Attached)

On the ground of reliable information received from a driver of the Judges, I immediately contacted S.B.Sinha Rtd Justice over his landline telephone 011-23010350 at his Government allotted residence and subsequently sent an email letter dated 17.08.2011 to him on his official email ID chairperson.tdsat@nic.in then holding the post of Chairman at Telecom Disputes Settlement and Appellate Tribunal (TDSAT), New Delhi to stop the criminal conspiracy against me and my ailing mother.

He did not pay any heed rather raised a question "Who the hell are you???" I replied back that I am a common man. Second question; who told you? I replied back a driver of Judges and I am the tenant of that driver in Palam Colony, New Delhi; he asked me to put the phone down.

It is also evident from an application at Palam Village Police Station, South West District of Delhi vide diary no. 37B and complaint no.00081710571601332 dated 30.05.2016 for registration of criminal complaint against the spoofed calls with life threat u/s 200 of Cr.Pc. and registration of FIR u/s 154(3) of Cr.Pc.

Police did not register F.I.R against the Judge. Police directed me to go to the Court; and upon the direction of Court Police will register F.I.R.

[E]Is this complaint against Members of Armed Forces/Para-Military? YES

MR. PRAVEEN KUMAR, INDIAN DEFENSE ACCOUNTS SERVICE AND PRESENTLY C&MD ON DEPUTATION

BASIS WITH INDIAN DRUGS & PHARMACEUTICALS LTD, SCOPE COMPLEX, LODHI ROAD, NEW DELHI

[F]Whether similar complaint has been filed before any Court/State Human Rights Commission or

any other Commission in the State ? YES

Writ Criminal “OM PRAKASH & ANR VS STATE OF BIHAR & ORS” dated 30.08.2016 before Hon’ble

Supreme Court of India & National Human Rights Commission, New Delhi vide diary

no.155282/CR/2016. NHRC, NEW DELHI dated 14.09.2016 AND BHRC on 14.09.2016.

[G]Name, Designation and Address of the Public Servant against whom complaint is being made:

SH CHANDRA MOHAN JHA, CJM, CIVIL COURT BEGUSARAI, BIHAR & SH. NITIN KAUSHIK, SDJM, COURT

NO.16, CJM DIVISION, DISTRICT COURT, BEGUSARAI, BIHAR.

ADVOCATE GOPAL KUMAR Reg. No. 836/1991 AND HIS WIFE VEENA KUMAR WOMEN PROTECTION OFFICER BEGUSARAI

[H]Name, Designation and Address of the Authority/Officials to whom the Public Servant is

answerable:

Sri Vinod Kumar Sinha , Registrar General, Hon’ble Patna High Court

Shri Sanjay Kumar, Secretary-Cum-Legal Remembrancer , LAW DEPARTMENT, GOVERNMENT OF BIHAR

[I]Prayer/Relief if any, sought:

Cancellation of frivolous NBW dated 08.09.2011 process u/s 83 of Cr. Pc. and quashing of criminal

proceedings in Criminal Case Complaint (P) no. 5591/2013, u/s 498A of IPC and u/s 3/4 of D.P. Act and

enforcement of fundamental right of the victims under Article 21 of the constitution of India.

Guidelines on how to file complaint with the NHRC

1. Complaint may be made to the Commission by the victim or any other person

on his behalf.

2. Complaint should be in writing either in English or Hindi or in any other

language included in the eighth schedule of the Constitution. Only one set of

complaint needs to be submitted to the Commission.

3. Complaint may be sent either by Post or Faxed at Nos. 91-11-23382911/

23382734 or through e-mail covdnhrc@nic.in

4. No fee is chargeable on such complaints.

5. The complaint shall disclose i) violation of human rights or abetment thereof

or; (ii) negligence in the prevention of such violations, by a public servant.

6. The jurisdiction of the Commission is restricted to the violation of human

rights alleged to have been committed within one year of the receipt of

complaint by the Commission.

7. Documents, if any enclosed in support of the allegations in the complaint

must be legible.

8. Name of the victim, his/ her age, sex, religion/ caste, State and District to

which the incident relates, incident date etc. should invariably be mentioned

in the complaint.

9. Please submit the complaint preferably in the enclosed format.

10. Following types of Complaint(s) are not ordinarily entertainable:

i. Illegible

ii. Vague, anonymous or pseudonymous;

iii. Trivial or frivolous in nature;

iv. The matters which are pending before a State Human Rights Commission or

any other Commission;

v. Any matter after the expiry of one year from the date on which the act

constituting violation of human rights is alleged to have been

committed;

vi. Allegation is not against any public servant;

vii. The issue raised relates to civil dispute, such property rights, contractual

obligations, etc;

viii. The issue raised relates to service matters;

ix. The issue raised relates to labour/industrial disputes;

x. Allegations do not make out any specific violation of human rights;

xi. The matter is sub-judice before a Court/ Tribunal;

xii. The matter is covered by judicial verdict/decision of the Commission.

11. As far as possible complainants are encouraged to make use of the

format given above to file their complaints. The guidelines indicate the

kind of information, which would facilitate in processing a complaint.