No jail term for Medha Patkar in defamation case

Renowned activist and Narmada Bachao Andolan leader Medha Patkar was granted probation for one year by a Delhi court on Tuesday, narrowly escaping a jail sentence in a criminal defamation case filed against her in 2001 by Vinai Kumar Saxena, now Delhi’s Lieutenant Governor.

Noting Patkar’s advanced age, unblemished legal record, and longstanding public service, Additional Sessions Judge Vishal Singh of Saket Court ruled that “incarceration was not necessary" in her case. The judge also slashed the Rs 10 lakh compensation originally imposed on her to Rs 1 lakh, directing the amount be paid to Saxena.

“The District Probation Officer, Saket Courts, shall file initial probation report in this court within 10 days of filing of probation bond. Thereafter, the District Probation Officer shall keep check on activities of the convict and shall file periodical probation or supervision report in the trial court every three months, with the help of regional Probation Officer having jurisdiction over the place where Ms Medha Patkar ordinarily resides," the court ordered.

The case stems from a scathing press note issued by Patkar on November 25, 2000, titled “True Face of Patriot.” In it, she accused Saxena, then chief of the Ahmedabad-based NGO, National Council for Civil Liberties, of dishonesty and questioned his patriotism.

In a press communique, Patkar had alleged that Saxena attempted to donate Rs 40,000 to the Narmada Bachao Andolan (NBA) but the cheque had bounced, with the issuing bank reportedly stating that the account did not exist. She had also claimed that Saxena, “pained by hawala transactions,” had hypocritically supported NBA, only for his cheque to reveal otherwise. She branded him “a coward” and “not a patriot.”

The trial court, while convicting her last year under Section 500 of the Indian Penal Code, had concluded that Patkar’s statements were not only defamatory per se but were made with deliberate malice.

The court asserted her remarks were calculated to harm Saxena’s reputation and provoke public scorn, resulting in serious reputational damage. “In present case, the offence is not such that sentence of imprisonment is warranted. The convict is an aged lady and no prior conviction has been alleged against her. There is no reason why benefit of release on probation be denied to her," read the court order.

Patkar had appealed the conviction and sentence, a five-month prison term along with a Rs10 lakh fine, at the Sessions Court. The appellate court had granted her bail and stayed the sentence during the pendency of the proceedings. However, her appeal was dismissed earlier this month on April 2.

Following a directive from the Delhi High Court, Patkar was permitted to appear for Tuesday’s hearing via video conferencing.

India