Today, On 29th July, In a major development, the Delhi High Court has upheld social activist Medha Patkar’s conviction in the defamation case filed by Delhi Lieutenant Governor VK Saxena over remarks made during the Narmada Bachao Andolan conflict.
New Delhi: The Delhi High Court affirmed social activist Medha Patkar’s conviction in a defamation case initiated by Delhi Lieutenant Governor Vinai Kumar Saxena back in 2000.
Justice Shalinder Kaur determined that there was no legal error in the decisions made by the trial and appellate courts regarding Patkar’s conviction.
The bench also upheld the appellate court’s ruling to place Patkar on probation.
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However, in a favorable development for Patkar, the Court modified the probation condition that required her to appear before the trial court every three months, allowing her to appear online or be represented by an advocate instead.
Justice Kaur stated,
“All the other conditions do not require any interference by this Court,”
Saxena, who previously served as the President of the National Council of Civil Liberties, published an advertisement in 2000 criticizing Patkar’s Narmada Bachao Andolan (NBA), a movement opposing dam constructions on the Narmada River.
The advertisement was titled “True face of Ms. Medha Patkar and her Narmada Bachao Andolan.”
Also Read: Delhi Court Upholds Medha Patkar’s Jail Term & Rs 10 Lakh Fine for Defaming LG VK Saxena
In response to the advertisement, Patkar issued a press notice titled “True Facts of a Patriot – Response to an Advertisement,” claiming that Saxena had previously praised the NBA and donated Rs.40,000 via cheque to the Lok Samiti for the movement. She also alleged that the cheque, which was from the Lalbhai Group, had bounced.
The press note questioned,
“The cheque, please note, came from Lalbhai Group. What is the connection between Lalbhai Group and VK Saxena? Who among them is more ‘Patriot’?”
This press notice prompted Saxena to file a defamation suit against Patkar in Ahmedabad in 2001, which was later transferred to Delhi in 2003 by the Supreme Court’s orders.
In May-July 2024, Patkar was found guilty, and the magistrate court sentenced her to five months in jail and mandated a compensation payment of Rs.10 lakh to Saxena. The Court noted that Patkar suggested Saxena was “mortgaging the people of Gujarat and their resources before Bill Gates and Wolfensohn and he was an agent of the Government of Gujarat.”
The judge remarked,
“It is evident that the accused harbored a clear intention to defame the complainant through her press note, given the deliberate and calculated nature of her statements,”
Additional Sessions Judge (ASJ) Vishal Singh upheld the magistrate court’s verdict on April 2 this year.
However, on April 8, the Sessions Court modified her punishment, placing her on probation after she provided a Rs.25,000 probation bond and one surety of the same amount for one year, along with a reduced compensation of Rs. lakh.
Following this, Patkar appealed her conviction in the High Court.
Senior Advocate Sanjay Parikh, along with advocates Abhimanue Shrestha and Kritika, represented Patkar, while Advocates Gajinder Kumar, Kiran Jai, Chandra Shekhar, Kajal Bhati, and Karan Murari Sah represented Saxena.