Delhi Court Grants Bail To Medha Patkar In Defamation Case Filed By LG VK Saxena, Suspends 5-Month Sentence

A Delhi Court on Monday granted bail to Narmada Bachao Andolan leader and activist Medha Patkar in the criminal defamation case lodged against her by Vinai Kumar Saxena in 2001. VK Saxena is presently Delhi’s Lieutenant Governor.

Additional Sessions Judge Vishal Singh of Saket Courts also suspended till further orders the order sentencing Patkar to 5 months of imprisonment along with Rs. 10 lakh fine.

The court passed the order on an appeal moved by Patkar challenging her conviction and sentence by the MM court last month. She also filed an application under Section 430 (1) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking suspension of sentence and grant of bail.

“The order of sentence dated 01/07/2024 shall remain suspended till further orders during pendency of present appeal. Appellant Medha Patkar is admitted to bail subject to furnishing personal bond in the sum of Rs.25,000/- with one surety of like amount to the satisfaction of Ld. Trial Court….,” the court said.

The court sought a response from Saxena to the appeal and listed the matter for further arguments on September 04.

Patkar was convicted on May 24 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.

Saxena 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 said “VK Saxena, one who is pained by the Hawala transactions himself came to Malegaon, praised NBA and give a cheque of Rs. 40,000. Lok Samiti naively and promptly sent the receipt and the letter, which shows honesty and good record keeping then anything else. But the cheque could not be encashed and got bounced. On enquiry, the bank reported the account does not exist.”

Patkar allegedly said that Saxena was a coward and not a patriot.

After filing of the complaint in 2001, an MM court in Ahmedabad took cognizance of the offence under section 500 of IPC and issued process under section 204 of Cr.P.C against Patkar. On February 03, 2003, the complaint was received by a CMM Court in the national capital pursuant to the orders of the Supreme Court. In 2011, Patkar pleaded not guilty and claimed trial.

While convicting her, the court had said that Patkar’s actions were deliberate and malicious, aimed at tarnishing Saxena’s good name and caused substantial harm to his standing and credit.

It observed that Patkar’s statements, calling Saxena a coward and not a patriot, and alleging his involvement in hawala transactions, were not only defamatory per se but also crafted to incite negative perceptions.

It had further said that Patkar failed to provide any evidence to counter these claims or to show that she did not intend or foresee the harm these imputations would cause.

Furthermore, the judge had concluded that Patkar’s decision to label the complainant as a “coward” and “not a patriot” was a direct attack on his personal character and loyalty to the nation.

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