A Delhi court acquitted social activist Medha Patkar in a 2006 criminal defamation case filed by Delhi Lieutenant Governor VK Saxena, citing lack of proof. The court held that failure to produce original video footage and key witnesses meant the allegations were not proved beyond reasonable doubt.
A Delhi court on Saturday acquitted social activist Medha Patkar in a criminal defamation case that was filed almost twenty years ago by Delhi Lieutenant Governor VK Saxena.
The judgment was passed by Judicial Magistrate First Class Raghav Sharma of the Saket Courts, who held that Saxena was unable to prove beyond reasonable doubt that Medha Patkar had made any defamatory statements against him during an India TV programme titled “Breaking News” aired on April 20, 2006.
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While delivering the order, the Court clearly stated,
“It is hereby held that complainant has failed to prove its case beyond reasonable doubt against the accused. Accused Medha Patkar is hereby acquitted for the offence punishable under Section 500 of the IPC,”
bringing an end to the long-pending criminal proceedings.
The defamation case dates back to the year 2006, when VK Saxena was serving as the President of the National Council of Civil Liberties (NCCL).
He had alleged that during an episode of the India TV programme “Breaking News” aired on April 20, 2006, Medha Patkar accused him on live television of receiving civil contracts from Sardar Sarovar Nigam. Saxena claimed that these allegations seriously damaged his reputation in public.
According to Saxena, Patkar had even offered on air to prove her allegations using a CD. He stated that after the programme was aired, he issued a legal notice to Patkar demanding a copy of the CD and proof of her claims. However, when no response was received, he proceeded to file a criminal defamation complaint against her.
The criminal case was initially filed before a court in Ahmedabad. Later, in 2010, the matter was transferred to Delhi on the directions of the Supreme Court, where it continued for several years before reaching its conclusion on Saturday.
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In his detailed order, Judge Raghav Sharma pointed out serious gaps in the complainant’s evidence. The Court noted that Saxena did not produce the original video footage containing the allegedly defamatory statements made by Patkar.
The device used for recording the programme was also not brought before the Court. As a result, the Court observed that the statements allegedly made by Patkar remained unproved.
The Judge further remarked,
“It is important to note that neither the reporter who actually recorded the audio video nor any person who had seen the accused making the impugned statements has been examined as a witness. It is also crucial to note that the clip played in the programme/show appears to be only a very short clipping from an interview or press conference of the accused,”
highlighting the lack of direct and reliable evidence.
The Court emphasised that for any proper legal determination, it was necessary to examine the complete recording of the interview or press conference. It stated that either the full audio-video footage should have been produced before the Court or an eyewitness who was present during the press conference or interview should have testified.
Reiterating this point, the Court observed,
“Without examining the entire clip/footage of that interview, no determination can be made regarding the speech of the accused,”
and concluded that the prosecution failed to meet the required legal standard of proof.
During the proceedings, Advocate Gajinder Kumar, along with Kiran, Chandra Shekhar, Drishti and Somya, appeared on behalf of VK Saxena. Medha Patkar was represented by Advocate Sridevi Panikkar and Abhimanue Shreshtha.
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It is important to note that this acquittal relates only to the present defamation case. Earlier, Medha Patkar had been convicted in a separate defamation case filed by VK Saxena. That conviction was upheld by the trial court and later sustained all the way up to the Supreme Court.
With this judgment, the Saket Courts have brought closure to a criminal defamation case that had remained pending for nearly two decades, underscoring the importance of complete and reliable evidence in criminal trials.
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