Delhi Lieutenant Governor V K Saxena Today (Sept 4) filed his reply to the appeal filed by Narmada Bachao Andolan leader Medha Patkar against her five-month sentence, saying the appeal was legally not maintainable and was liable to be dismissed.
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NEW DELHI: Delhi Lieutenant Governor V.K. Saxena today submitted his response to an appeal filed by Narmada Bachao Andolan leader Medha Patkar, challenging her five-month sentence.
Saxena argued that Patkar’s appeal was “legally not maintainable” and, therefore, should be “dismissed.”
The case stems from a defamation lawsuit initiated by Saxena 23 years ago when he was the head of a Gujarat-based NGO.
The appeal was filed after Additional Sessions Judge Vishal Singh of the Saket Court suspended Patkar’s sentence on July 29 and sought a response from Saxena.
The original sentence, delivered by a magisterial court on July 1, included “five months of simple imprisonment” for Patkar along with a fine of Rs 10 lakh.
Saxena’s Counsel Raises Objections
On Wednesday, Saxena’s legal team, represented by advocates Gajinder Kumar and Kiran Jai, objected to Patkar’s appeal on procedural grounds. They claimed that the appeal, dated July 24, was invalid as it bore only the signature of Patkar’s counsel and not her own.
They further alleged that Patkar had submitted a “false affidavit” which was “ante-dated,” meaning it was signed and attested on July 17—before the appeal had even been prepared.
The lawyers stated,
“because of these reasons, there was ‘gross suspicion’ about the ‘veracity and truthfulness’ of the appeal’s contents.”
Saxena’s reply also emphasized the seriousness of this procedural error, stating:
“Such manner of filing of an appeal i.e., without signatures of the accused or appellant (Patkar) and supported with the ante-dated false affidavit is not only an act of contempt of this court and perjury rather it is a smart strategy on the part of the appellant to disown any or entire facts and records as per her convenience.”
Allegations of Misleading the Courts
In the reply, Saxena accused Patkar of having a history of misleading the courts. According to his legal team, Patkar had previously attempted to shift responsibility onto her advocates when caught, often pleading “ignorance” or claiming “inadvertent errors.”
Due to the issues raised by Saxena’s legal team, the court ordered Patkar’s counsel, Sri Devi, to email a copy of the appeal signed by Patkar to the court’s official email ID. The court also stated that the “legal issues” highlighted by Saxena’s counsel would remain open for further examination.
The next hearing is scheduled for October 18.
Background of the Case
The legal battle between Patkar and Saxena dates back to the year 2000, when Patkar filed a lawsuit against Saxena for publishing advertisements that were critical of her and the Narmada Bachao Andolan (NBA).
At the time, Saxena headed an Ahmedabad-based NGO called the ‘Council for Civil Liberties.’ In response, Saxena filed two defamation cases against Patkar in 2001, accusing her of making derogatory remarks about him on television and issuing a defamatory press statement.
Earlier this year, on May 24, a court convicted Patkar for defamatory remarks. Specifically, the court ruled that her statements calling Saxena a “coward” and accusing him of involvement in hawala transactions were defamatory and intended to incite negative perceptions about him.
The case continues to evolve as both parties prepare for the next phase of legal proceedings, with the central issue being the maintainability of Patkar’s appeal.
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