Delhi court dismisses Medha Patkar's appeal in defamation case filed by LG Saxena

Delhi court dismisses Medha Patkar's appeal in defamation case filed by LG Saxena

The Saket district court on Wednesday dismissed a metropolitan magistrate’s order convicting 69-year-old social activist Medha Patkar in a defamation case filed by Delhi Lieutenant Governor Vinai Kumar Saxena.

Additional sessions judge Vishal Singh dismissed the appeal as Patkar was not present in the court. The court has asked Patkar to appear before it on April 8 for the order on sentence.

According to the court, the appellant must appear in person for the sentence. Her attorney said that he wants to make submissions whether she is required to be present physically or can appear through video.

The court will hear submissions on this point after lunch.

The court explained that since the augmentation of the sentence has not been requested, it is not a question. The sentence may be reduced or maintained in this case.

The judge explained that the Delhi Police could only sustain or lower the sentence and could not increase it because they had not preferred a plea for it.

“The appeal has been dismissed, the conviction stands but for sentencing, the appellant has to appear in person. In order to receive sentence, the convict must be present in court. What is impugned is the judgement of conviction and sentencing. Since the state has not come for enhancement, there is no question for enhancement but at the most it can be maintained or reduced,” judge Singh said.

Patkar was sentenced and fined by the court on July 1, 2024 for the defamation of V K Saxena. The metropolitan magistrate court that found her guilty order that sentenced her to five months in prison. Patkar had challenged the order of trial court before the session court.

While finding Patkar guilty, the metropolitan magistrate came to the conclusion that her actions were malicious and deliberate, with the intention of damaging Saxena's name. The court had observed that Patkar could not produce any evidence in her defence.

Delhi’s Saket court on July 1, convicted Narmada Bachao Andolan activist Medha Patkar to 5 months simple imprisonment and ordered her to pay a compensation of Rs. 10 lakh to Complainant V K Saxena.

The court in its order said, “It has been proved beyond reasonable doubt that the accused (Patkar) published the imputations with the intent and knowledge that they would harm the reputation of the complainant and, therefore, committed an offence punishable under Section 500 of the IPC (Indian Penal Code). She is hereby convicted of the same."

“The accused’s statements, calling the complainant a coward, not a patriot, and alleging his involvement in hawala transactions, were not only defamatory per se but also crafted to incite negative perceptions", it added.

Advocate Gajinder Kumar, VK Saxena's layer had stated that they will pay the DLSA the money instead of asking for any compensation. The court had stated that the complaint will receive compensation, after which they can dispose it as they wish.

The defamation lawsuit was based on a press release that Patkar published on November 25, 2000, with the title "True Face of Patriot."
According to the news release, Patkar said that Saxena, who was the president of the National Council of Civil Liberties at the time, had handed the Narmada Bachao Andolan (NBA) a check that later bounced. The press release suggested that Saxena, known for supporting the Sardar Sarovar Project, was hypocritically supporting the NBA in secret.