Delhi High Court Upholds Medha Patkar's Conviction In Defamation Case Filed By LG VK Saxena

The Delhi High Court on Tuesday upheld the conviction 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 found no illegality of material irregularity in the findings of the trial court and observed that the order of conviction was passed after due consideration of evidence and the applicable law. The Court said that Patkar failed to demonstrate any defects in the procedure which was followed or any error in the law which resulted in the miscarriage of justice. On the order of sentence passed by the trial court, the Court said that the same did not require any interference in the High Court's revisional jurisdiction. However, the Court modified the condition of probation imposed by the trial court requiring Patkar to appear before the trial court once in every three months.It said that Patkar will be at liberty to either appear physically or through VC or be represented through the lawyer during the appearances. The Court thus disposed of Patkar's plea against the trial court judgment passed on April 02 dismissing her appeal against conviction in the case. She had further challenged an order passed on the same date directing Patkar to appear in person before the trial court for making submissions on sentence.Today, the Court also dismissed her plea against dismissal of her application to introduce and examine an additional witness to prove her defamation case lodged against Saxena.In April, Justice Kaur had suspended Patkar's sentence and had ordered her release on bail subject to her furnishing a personal bond of Rs. 25,000.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.Counsel for Petitioner: Mr. Sanjay Parikh, Senior Advocate with Ms. Sridevi Panikkar, Mr. Abhimanue Shrestha, Mr. Satwik Parikh and Ms. Kritika, AdvsCounsel for Respondent: Mr. Gajinder Kumar, Mr. Kiran Jai, Mr. Chandra Shekhar, AdvsTitle: Medha Patkar v. VK Saxena & other connected matterCitation: 2025 LiveLaw (Del) 895

Delhi High Court Upholds Medha Patkar's Conviction In Defamation Case Filed By LG VK Saxena

Nupur Thapliyal

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