2002 Assault Case: Gujarat HC Stays Trial Against Delhi LG VK Saxena Till Disposal Of His Plea, Issues Notice To UOI

The Bench of Justice Samir J. Dave has also issued a notice to the Union of India for August 29. It may be noted that Saxena has been accused of allegedly assaulting activist Medha Patkar in 2002.

Earlier in May this year, a Magistrate Court in Ahmedabad refused to keep the proceedings against him in abeyance noting that the government has not made any request to not continue or withdraw the trial proceedings against him.

The Metropolitan court had also observed that conducting a separate trial against him later, after he demits the office of LG, would cause hardship to the prosecution witnesses. Challenging this order, Saxena moved to the HC.

Before the HC, the Senior Counsel representing Saxena argued that he is presently occupying the post of LG of Delhi, and hence, he is liable to get immunity from facing a criminal trial given the express bar contained under Article 361 (2) of the Constitution of India as the Lieutenant Governor is equivalent to Governor.

On the other hand, Advocate AJ Yagnik appearing for Social Activist Medha Patkar argued that since an LG is not a Governor, the protection available to governors and the President against criminal proceedings is not available to an LG.

Given these submissions, Justice Dave stayed the criminal trial proceedings till the disposal of the application moved by Saxena while issuing notice to the Union of India and posted the matter for hearing on August 29.

Case title - Vinai Kumar Saxena vs. State Of Gujarat