Delhi High Court Asks Trial Court To Postpone Hearing In Medha Patkar's Defamation Case Against LG VK Saxena

The Delhi High Court on Wednesday directed a trial court here to postpone hearing in the defamation case filed by Narmada Bachao Andolan leader and activist Medha Patkar against Delhi Lieutenant-Governor Vinai Kumar Saxena.

Justice Shalinder Kaur asked the trial court to list the matter to a date beyond May 20, the date fixed by the High Court in Patkar's plea challenging the order rejecting her application to introduce and examine an additional witness to prove her defamation case.

Justice Kaur had issued notice in Patkar's petition on March 27 and had listed the matter for May 20.

The Court was informed today that on March 28, the trial court listed the matter on April 19 for final arguments. Patkar's counsel submitted that if the proceedings before the trial court are not stayed, the petition before the High Court will become infructuous.

Saxena's counsel submitted that reply to the petition has not been filed yet.

Accordingly, the Court ordered:

“In view of the above, the trial court is directed to give a date beyond the date given by this court [i.e. May 20]. The application is disposed of.”

Patkar has challenged the trial court order passed on March 18 dismissing her application observing that it was a deliberate attempt to delay the trial rather than a genuine necessity.

Saxena, who is presently Delhi LG, was the head of an Ahmedabad based NGO namely “Council for Civil Liberties” in 2000 when Patkar filed the defamation case against him for publishing advertisements against her and the Narmada Bachao Andolan.

On the other hand, Saxena also filed a defamation case against Patkar for defaming him in a press note dated November 25, 2000, titled "true face of patriot.” Patkar allegedly said that Saxena was a coward and not a patriot. In that case, Patkar was convicted but has been released on probation of one year. Patkar's petition against the conviction is also pending before Justice Kaur.

In relation to her defamation case against Saxena, Patkar had moved the application to introduce a new witness arguing that she was well within her rights to examine any witness to prove her case under section 254(1) of CrPC and that there was no embargo on such right.

Dismissing her application, the Trial Court had said that the case has been pending for 24 years and Patkar has already examined all the witnesses initially listed at the time of filing the complaint.

“The complainant has not provided any explanation as to when, how, or under what circumstances she became aware of this witness. If she was aware of the witness from the outset, she has offered no justification for the prolonged delay in summoning them. Conversely, if she claims to have only recently discovered the witness, she has not explained how such discovery occurred. This lack of explanation further weakens the credibility of her request,” the Court had said. 

Title: Medha Patkar v. LG Saxena