Delhi High Court Suspends Medha Patkar's Sentence In Defamation Case By LG VK Saxena, Grants Her Bail

The Delhi High Court on Friday suspended the sentence of Narmada Bachao Andolan leader and activist Medha Patkar 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 passed the order in the post lunch session after an urgent petition was filed by Patkar. 

Patkar withdrew her plea against conviction earlier this morning. However, later in the day, she again filed a petition challenging the conviction and order on sentence passed by the trial court.

Senior Advocate Sanjay Parikh appeared for Medha Patkar. Saxena was represented by Advocates Gajinder Kumar and Kiran Jai.

While suspending the sentence, the Court also ordered Patkar's release on bail subject to her furnishing a personal bond of Rs. 25,000.

“In view of the above, as contentious issues have been raised on behalf of the parties with respect to the suspension of sentence, and that the learned Senior Counsel submits that the petitioner has been taken in custody in execution of the NBW, therefore, in these circumstances, by way of an interim means, the petitioner be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the learned ASJ/ Link ASJ/CMM/Duty Magistrate,” the Court said.

Justice Kaur issued notice on Patkar's plea and sought Saxena's response within two weeks.

“List on 20.05.2025. In the meanwhile, the order on sentence is deferred till the next date of hearing,” the Court said.

On April 02, the trial court had dismissed Patkar's appeal against her conviction in the case. Later, she was released on probation of one year by the trial court. She was also asked to pay Rs. 1 lakh compensation to Saxena.

Early this morning, Patkar was arrested by the Delhi Police after the trial court yesterday issued non bailable warrants against her, observing that she was absent from the proceedings and deliberately failed to comply with order on sentence.

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 

Citation: 2025 LiveLaw (Del) 474