On Monday, a Delhi Court granted bail to activist Medha Patkar, leader of the Narmada Bachao Andolan. This is regarding a criminal defamation case lodged by Vinai Kumar Saxena in 2001. Saxena, currently serving as Delhi’s Lieutenant Governor, had filed the case when he was the head of the Ahmedabad-based NGO National Council for Civil Liberties.
Background
Additional Sessions Judge Vishal Singh of the Saket Courts also suspended Patkar’s five-month imprisonment sentence and a Rs. 10 lakh fine until further orders. This decision came after activist Medha Patkar appealed her conviction and sentencing by the Metropolitan Magistrate (MM) court last month. She also applied for suspension of her sentence and bail under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
“The order of sentence dated 01/07/2024 shall remain suspended till further orders during the pendency of the present appeal. Appellant Medha Patkar is admitted to bail subject to furnishing a personal bond in the sum of Rs.25,000/- with one surety of like amount to the satisfaction of the Ld. Trial Court,” the court stated.
The court requested a response from Saxena regarding the appeal and scheduled the next hearing for September 4.
Case background
The case stemmed from a press note issued by Patkar on November 25, 2000, titled “True Face of Patriot,” in which she accused Saxena of being involved in hawala transactions and called him a coward and not a patriot.
After Saxena filed the complaint in 2001, an MM court in Ahmedabad took cognizance of the offence. The Supreme Court later transferred the case to a Chief Metropolitan Magistrate (CMM) court in Delhi, where Patkar pleaded not guilty and claimed trial in 2011.
In her conviction, the court held that Patkar’s actions were deliberate and malicious, intended to tarnish Saxena’s reputation and cause substantial harm to his standing. The court noted that Patkar’s statements were defamatory per se and aimed at inciting negative perceptions. It further observed that Patkar failed to provide evidence to counter her claims. Moreover, to demonstrate that she did not foresee the harm caused by her statements.
The judge concluded that Patkar’s decision to label Saxena as a “coward” and “not a patriot”. This was a direct attack on his character and loyalty to the nation.
