Delhi’s Saket court Today (April 25) allowed activist Medha Patkar’s release in the defamation case filed by VK Saxena. She must submit a probation bond and deposit the compensation amount.
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NEW DELHI: A Delhi court ordered the release of well-known social activist Medha Patkar, just a few hours after she was arrested by the Delhi Police. Her arrest was related to not following a court’s direction in a defamation case filed against her by Delhi Lieutenant Governor Vinai Kumar Saxena.
Additional Sessions Judge Vipin Kharb of Saket Court allowed Medha Patkar’s release after her lawyer told the court that she would follow the conditions and submit the required legal bonds.
Earlier, in 2023, a trial court found Medha Patkar guilty of defaming Vinai Kumar Saxena in a matter that dates back to the year 2000. The court had punished her with five months in jail and a fine of Rs 10 lakh.
Later, when the case went to a higher court on revision, the Sessions Court in Delhi kept the conviction intact. But it gave her relief from jail time on the condition that she would provide a probation bond and pay a reduced fine of Rs 1 lakh to Saxena. This order was passed on April 8.
However, on April 23, the court noticed that Medha Patkar had not followed its order from April 8 and was skipping court hearings on purpose. Because of this, the court issued a non-bailable warrant against her. The court also warned that if she continued to disobey the order, it might take back the relief it had given her by reducing her sentence earlier.
At the same time, the court rejected Patkar’s request to delay the hearings related to her sentence. She had made the request saying she had filed a criminal revision petition before the Delhi High Court challenging her conviction. But on the same day, this petition was withdrawn from the High Court.
The court firmly said,
“The present application is frivolous and mischievous and is only calculated to hoodwink the Court. The present application is, therefore, dismissed.”
The whole issue started back in 2001 when VK Saxena, then President of an organisation called National Council of Civil Liberties, filed a defamation case against Medha Patkar.
In 2000, Saxena’s organisation had published an advertisement titled ‘True face of Ms. Medha Patkar and her Narmada Bachao Andolan’, criticizing the Narmada Bachao Andolan (NBA) — a movement led by Patkar that was against building large dams on the Narmada River.
In reply, Medha Patkar had issued a press statement titled ‘True Facts of a Patriot – Response to an Advertisement’. In that note, she claimed that Saxena had once visited Malegaon, had praised the NBA, and even gave Rs 40,000 by cheque to Lok Samiti in support of the movement. She also said the cheque was issued by Lalbhai Group but bounced.
This press note was reported by the media and it led Saxena to file a defamation case in Ahmedabad court, claiming that he never visited Malegaon, never praised NBA, and did not give any cheque to Lok Samiti. According to him, the NBA was working against national development projects.
Patkar, on the other hand, said that she had not written or sent any press note or email to anyone, including rediff.com, which had published the statement.
In 2003, the Supreme Court ordered the transfer of the case from Ahmedabad to Delhi.
Medha Patkar had also filed a counter defamation case against Saxena related to the same incident. That case is still going on in the court.
Earlier this month, the Delhi High Court told the trial court to delay the final hearings in this case. This happened after Patkar submitted a petition asking to bring in more witnesses in her defense.
The Delhi High Court is expected to hear this matter again on May 20.
EARLIER TODAY
Medha Patkar, a well-known social activist and leader of the Narmada Bachao Andolan, was arrested by Delhi Police on Friday.
This happened after a non-bailable warrant (NBW) was issued against her by the Saket Court on April 23.
She is expected to be taken to the Saket Court today for further legal proceedings.
Earlier this week, on Wednesday, the Delhi court took strict action in a defamation case related to Delhi’s Lieutenant Governor V.K. Saxena. The court had ordered Medha Patkar to submit probation bonds and also pay a fine of Rs 1 lakh. However, the court noted that she did not follow its directions.
The court said she “deliberately” disobeyed its instructions, which led to the issuance of the non-bailable warrant. The court had clearly mentioned that she had not respected the legal process and had ignored the order even though it was necessary for her to comply.
Because of this, the court issued a strong warning through the warrant, leading to her arrest by the Delhi Police.
Medha Patkar is now in police custody and will be presented before the Saket Court for the next step in the case.
BACKGROUND
A Delhi court on April 23 issued a non-bailable warrant against Medha Patkar, a well-known activist and leader of the Narmada Bachao Andolan, for not following the court’s earlier order.
The order had asked her to submit probation bonds and deposit a fine of Rs 1 lakh in a defamation case filed by Delhi Lieutenant Governor V K Saxena. This case was filed a long time ago — 23 years back — when Saxena was the head of an NGO in Gujarat.
The case is related to some statements made by Patkar that were found to be defamatory by the court. On April 8, the court had found the 70-year-old Patkar guilty and had given her probation on the condition that she maintains good behavior and pays the Rs 1 lakh fine.
The matter was listed again in court on Wednesday. Patkar was expected to be present and to submit the required probation bonds along with the fine. However, according to Saxena’s lawyer, Advocate Gajinder Kumar, Patkar did not show up and did not follow the court’s instructions.
“In today’s matter, NBW (non bailable warrant) has been issued against Patkar through the Commissioner of Delhi Police, and the court has noted that the application filed by the convict for seeking an adjournment is mischievous and frivolous,”
-said the lawyer.
He also added,
“In case the convict does not comply with its order by the next date of hearing on May 3, then the court will consider altering the benevolent sentence passed on April 8.”
The court is expected to release a detailed order soon.
The defamation case was filed by V K Saxena in the year 2000, on November 24, when he was serving as the president of the National Council of Civil Liberties. The case was based on a press release issued by Medha Patkar that made serious accusations against him.
On May 24 last year, a magisterial court had looked into Patkar’s statements. It noted that she had called Saxena a “coward” and had also accused him of being involved in hawala transactions. The court said these remarks were clearly defamatory and were made in a way to damage his image.
The court further said that accusing the complainant of “mortgaging” the people of Gujarat and their resources to foreign interests was a direct insult to his honesty and public service.
After this, arguments related to what punishment should be given were completed by May 30. The court reserved its decision on the sentence on June 7.
Later, on July 1, the court sentenced Medha Patkar to five months of simple imprisonment. However, she then appealed this judgment in a higher sessions court.
Now, since she has not followed the latest court directions, the situation may become more serious for her.
The next hearing is scheduled for May 3, and if she does not comply by then, the court may consider taking stricter action.
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