Defamation case: Social activist Medha Patkar moves HC against conviction
Social activist and Narmada Bachao Andolan leader Medha Patkar has approached the Delhi High Court challenging her conviction in a criminal defamation case filed over two decades ago by Lieutenant Governor (L-G) VK Saxena.
The case dates back to 2001 when Saxena, the then head of the Ahmedabad-based NGO, National Council for Civil Liberties, initiated legal proceedings against Patkar. The complaint stemmed from a press note issued by Patkar on November 25, 2000, titled “True Face of Patriot”, in which she levelled serious allegations against Saxena.
The note accused him of attempting to support her movement with a cheque for Rs 40,000 which allegedly bounced, and further described Saxena as a “coward” and “not a patriot”, also implying his involvement in hawala transactions. These remarks, the court later observed, were defamatory and intended to damage Saxena’s public image.
Last year, a Metropolitan Magistrate convicted Patkar under Section 500 of the Indian Penal Code for criminal defamation, sentencing her to five months in prison and imposing a fine of Rs 10 lakh. She was granted bail, and the sentence was stayed during the pendency of her appeal.
However, on April 2, the trial court dismissed Patkar’s appeal challenging the conviction and simultaneously directed her to appear in person for sentencing submissions.
Patkar has now contested both dismissal of her appeal and the order requiring her personal appearance on the grounds that the trial court had become functus officio, a legal term implying that the court had exhausted its authority in the matter and could no longer issue further orders.
During a brief hearing before Justice Shalinder Kaur on Monday, Patkar’s counsel argued that the trial court, after rejecting the appeal, lacked the jurisdiction to pass any additional orders regarding sentencing.
The counsel also requested a short adjournment to place relevant documents and judicial precedents on record.
The High Court, however, remarked that the petition appeared premature and noted that Patkar retains the option to move an appropriate application before the trial court explaining her inability to be physically present and instead seek permission to join proceedings via videoconferencing.
“The counsel is at liberty to move appropriate application before the trial court, which shall be considered as per law by the trial court,” the High Court said. The trial court is set to hear the matter regarding sentencing on Tuesday.
In its original judgment convicting Patkar, the trial court had ruled that her statements were not only defamatory on their face but also intentionally crafted to malign Saxena’s reputation and credibility. The court concluded that the remarks were made with malicious intent and caused significant damage to Saxena’s public standing.
Delhi