I had filed an habeas corpus to set to liberty a woman in illegal captivity. The habeas corpus is for enforcement of rights of the old lady who is mentally invalid and bed ridden.
The Hon'ble High Court sought my permission to form a trust for the welfare of the illegally detained lady. I agreed on certain conditions. I gave my conditions in writing. The Hon'ble Court formed the trust ignoring the conditions and also ignoring basic principles of law. A detailed application was filed by me challenging the order for formation of trust. The application was dismissed by the High Court.
I approached the Supreme Court against the two orders (1) formation of trust (2) dismissal of my application for considering the conditions set by me.
(a) I mainly contended that all the orders of the court so far have been violated and not followed.
(b) There are several legal flaws in the scheme and therefore the matter needs to be considered on basis of laws and precedents of the Supreme Court and caselaws listed..
The Apex Court dismissed my SLP by an order as below....
"Delay is condoned. We have heard learned counsel for the petitioner. We have carefully perused the impugned order. We feel that the High Court has passed appropriate order. We are not inclined to interfere with it. Learned counsel for the petitioner submits that certain directions are not yet implemented and hence he would approach the Trustees appointed by the High Court. He may do so. We are confidant that the Trustees would look into the matter and take appropriate steps."
Since then the following things have happened
(1) Over 8 months have passed and despite formation of the trust, no steps have been taken to remove the lady from illegal detention. She remains in illegal detention.
(2) My allegations in the application have been proven to be true by way of new discoveries during the last few months of hearing and affidavits filed by respondents and reports filed by trustees
(3) The liberty granted by Apex Court to get orders implemented through the Trustees has not worked out as neither the trustees nor the High Court is willing to consider the order of Apex Court above.
Under such circumstances, can I re-approach the Hon'ble Apex Court for reconsidering the facts of my earlier SLP in changed circumstances?
if yes, can I file a fresh SLP or do I need to file a review petition?
(some idea of the condition of the lady can be seen at www.jeevraksha.org
