Delhi Court Issues Non Bailable Warrants Against Medha Patkar In Defamation Case By LG VK Saxena

A Delhi Court on Wednesday issued non bailable warrants against Narmada Bachao Andolan leader and activist Medha Patkar after her conviction in the criminal defamation case lodged against her by Vinai Kumar Saxena in 2001.

VK Saxena is presently Delhi's Lieutenant Governor. 

Additional Sessions Judge Vishal Singh of Saket Courts observed that instead of appearing before the Court, Patkar was absent and deliberately failed to comply with order on sentence.

The judge said that Patkar's intention was apparent that she was deliberately violating the Court order, was avoiding to appear before the Court and also avoiding to accept the terms of sentence passed against her.

Noting that there was no order of suspension of sentence, the Court said that it was left with no option than to enforce the production of Patkar through coercive order.

“Issue NBWs against convict Medha Patkar, through office of Commissioner of Police, Delhi Police, for next date,” the Court said.

It added that if Patkar failed to comply with the terms of order on sentence on the next date, the Court will be constrained to reconsider the benevolent sentence and will have to alter the order on sentence.

Patkar had challenged her conviction and sentence awarded by the MM court last year. In appeal, she was granted bail and the order sentencing her to 5 months of imprisonment along with Rs. 10 lakh fine was suspended till further orders.

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.

Advocate Abhimanue Shrestha appeared for Patkar,

Advocates Gajinder Kumar, Kiran Jai, Chandra Shekhar and Somya Arya appeared for Saxena.

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