Crime Today News
The Delhi High Court on Monday adjourned till May 19, a petition filed by Narmada Bachao Andolan leader and activist Medha Patkar, challenging her conviction in a criminal defamation case lodged by Vinai Kumar Saxena in 2001.
The order was passed by the single-judge Bench of Justice Shalinder Kaur.
On April 2, a trial court had dismissed Patkar’s appeal against conviction in the case. She was further ordered to appear in person before the trial court on April 8 for making submissions on sentence.
Patkar challenged this judgment before the High Court.
The Counsel appearing for the activist argued that while dismissing the appeal, the trial court erred in passing the order directing the activist to appear in person for making submissions on sentence.
After dismissing the appeal, the trial court became ‘functus officio’ and could not have passed the order listing the case for passing a separate order on sentence and asking Patkar to appear in person, noted the lawyer.
He sought an adjournment in the case today to place on record, the orders of the trial court as well as relevant judgments related to the .
Calling the petition premature at this stage, the single-judge Bench directed Patkar to move an appropriate application before the trial court regarding her inability of appearing in person.
The Counsel argued that an appropriate application was to be moved before the trial court as Patkar was unable to appear in person and would appear through VC.
The High Court granted liberty to Patkar to move an appropriate application before the trial court. It further directed the trial court to consider the matter as per law.
Before the trial court, Patkar had challenged her conviction and sentence awarded by the MM court last year. In appeal, she was granted bail, while the order sentencing her to 5 months of imprisonment along with Rs 10 lakh fine was suspended till further orders.
Patkar was convicted for the offence of criminal defamation under Section 500 of the Indian Penal Code, 1860.
Saxena filed the case against Patkar in 2001. He was then the Chief of Ahmedabad-based NGO National Council for Civil Liberties.
VK Saxena, currently serving as the Lieutenant Governor of Delhi, had filed the case against Patkar for defaming him in a press note dated November 25, 2000, titled ‘true face of patriot’.
In the press note, Patkar allegedly said that VK Saxena, one who was pained by the Hawala transactions himself came to Malegaon, praised NBA and gave a cheque of Rs 40,000. The Lok Samiti naively and promptly sent the receipt and the letter, which showed honesty and good record-keeping than anything else. But the cheque could not be encashed and got bounced. On enquiry, the bank reported the account did not exist, she added.
Patkar allegedly said that Saxena was a coward and not a patriot.
While convicting her, the court had observed that Patkar’s actions were deliberate and malicious, aimed at tarnishing Saxena’s good name and causing substantial harm to his standing and credit.
It further pointed out that Patkar’s statements, calling Saxena a coward and not a patriot, besides alleging his involvement in hawala transactions, were not only defamatory per se, but also crafted to incite negative perceptions.
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