Delhi Court Orders Medha Patkar's Release On Probation In Defamation Case By LG VK Saxena, Reduces Fine

A Delhi Court on Tuesday directed that Narmada Bachao Andolan leader and activist Medha Patkar be released on probation of one year 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 passed the order taking into consideration Patkar's old age, that she was a person of social standing with no previous conviction and hence a jail term was not required.The Court further reduced compensation of Rs. 10 lakh imposed on her and asked her to pay Rs. 1 lakh to Saxena. Patkar appeared before the trial court through VC after the liberty was given to her yesterday by the Delhi High Court. On April 02, the judge had dismissed her appeal against her conviction in the case.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. Title: Medha Patkar v. VK Saxena

Delhi Court Orders Medha Patkar's Release On Probation In Defamation Case By LG VK Saxena, Reduces Fine

Nupur Thapliyal

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