Delhi Court Acquits Medha Patkar In Defamation Case Filed By LG VK Saxena

A Delhi Court has acquitted Narmada Bachao Andolan leader and activist Medha Patkar in a criminal defamation case lodged against her by Vinai Kumar Saxena in 2006.

VK Saxena is presently Delhi's Lieutenant Governor.

JMFC Raghav Sharma of Saket Courts acquitted Patkar for the offence of defamation, observing that Saxena failed to prove the case beyond reasonable doubt against her.

Saxena, then President of the National Council of Civil Liberties (NCCL), alleged that on April 20, 2006, during a live television programme titled “Breaking News” telecast on India TV news channel, Medha Patkar made defamatory statements against him.

It was alleged that during the programme, anchor Rajat Sharma played a video clip wherein certain defamatory statements were made by Patkar.

As per Saxena, he immediately denied the allegations on the programme and said that he had never received any civil or other contract from the Sardar Sarovar Project.

Saxena sent a legal notice to Patkar calling upon her to supply the alleged CD referred by her in the video clip. However, when no response was received, Saxena filed the complaint alleging defamation.

Acquitting Patkar, the Court ruled that even assuming the footage to be admissible, it did not conclusively prove that she made the impugned statements against Saxena.

It held that the original footage or recording device was not produced and that no eyewitness to the alleged press conference or interview was examined.

“ It is also crucial to note that the clip played in the programme/show appears to be only a very short clipping from an interview or press conference of the accused. To make any determination, it is essential that entire video and audio of press Conference is brought before the Court or some eye witness to that press conference /interview depose about the same without examining the entire clip/footage of that interview, no determination can be made regarding the speech of the accused,” the Court said.

It held that the allegation that Patkar had made the impugned statements remained unproved.

“It is hereby held that the complainant has failed to prove its case beyond reasonable doubt against the accused. Accused Medha Patkar is hereby acquitted of the offence punishable under Section 500 IPC,” the judge said.

Advocate Sridevi Panikkar represented Medha Patkar

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