Medha Patkar Moves Delhi High Court Against Conviction In Defamation Case Filed By LG VK Saxena

Narmada Bachao Andolan leader and activist Medha Patkar on Monday moved the Delhi High Court against her conviction in the criminal defamation case lodged against her by Vinai Kumar Saxena in 2001.

VK Saxena is presently Delhi's Lieutenant Governor. 

Justice Shalinder Kaur heard the matter today and listed it for hearing on May 19.

Patkar has challenged the trial court judgment passed on April 02 dismissing her appeal against conviction in the case. She has further challenged an order passed on the same date directing Patkar to appear in person before the trial court for making submissions on sentence. The matter is fixed before the trial court tomorrow.

During the hearing today, Patkar's counsel submitted that while dismissing the appeal, the trial court erred in passing the order directing Patkar to appear in person for making submissions on sentence.

The counsel said that after dismissing the appeal, the trial court became “functus officio” and could not have passed the order listing the case for passing a separate order on sentence and asking Patkar to appear in person.

The counsel sought an adjournment in the case today to place orders of the trial court as well as relevant judgments on record.

However, the Court was of the view that the petition was premature at this stage and that Patkar can move appropriate application before the trial court regarding her inability of appearing in person.

Patkar's counsel then submitted that an appropriate application is to be moved before the trial court as Patkar was unable to appear in person and will appear through VC.

“The counsel is at liberty to move appropriate application before the trial court which shall be considered as per law by the trial court,” the Court said.

Before the trial court, Patkar had challenged her conviction and sentence awarded by the MM court last year. In appeal, she was granted bail and the order sentencing her to 5 months of imprisonment along with Rs. 10 lakh fine was suspended till further orders.

Patkar was convicted for the offence of criminal defamation under Section 500 of the Indian Penal Code, 1860.

Saxena filed the case against Patkar in 2001. He was then the Chief of Ahmedabad-based NGO National Council for Civil Liberties.

Saxena filed the case against Patkar for defaming him in a press note dated November 25, 2000, titled "true face of patriot.”

In the press note, Patkar said “VK Saxena, one who is pained by the Hawala transactions himself came to Malegaon, praised NBA and give a cheque of Rs. 40,000. Lok Samiti naively and promptly sent the receipt and the letter, which shows honesty and good record keeping then anything else. But the cheque could not be encashed and got bounced. On enquiry, the bank reported the account does not exist."

Patkar allegedly said that Saxena was a coward and not a patriot.

While convicting her, the court had had said that Patkar's actions were deliberate and malicious, aimed at tarnishing Saxena's good name and caused substantial harm to his standing and credit.

It had observed that Patkar's statements, calling Saxena a coward and not a patriot, and alleging his involvement in hawala transactions, were not only defamatory per se but also crafted to incite negative perceptions.

Title: Medha Patkar v. VK Saxena