Assault Case Against Delhi LG Vinai Saxena| Gujarat High Court Stays Criminal Trial Proceedings Pending In Ahmedabad Court

The Gujarat High Court today granted ad-interim relief to Delhi Lieutenant Governor (L-G) Vinai Kumar Saxena in his plea for abeyance of trial in a 2002 assault case until he holds the post of LG. The Court has essentially granted an interim stay on the proceedings in the criminal trial case pending before the Ahmedabad Court.

Earlier, on May 9, an Ahmedabad metropolitan court rejected Delhi's LG's application seeking immunity from facing a criminal trial until he occupies his current post in view of the express bar contained under Article 361 (2) of the Constitution of India. The Metropolitan court observed that conducting a separate trial against him later, after he demits the office of LG, would cause hardship to the prosecution witnesses.

Saxena is essentially facing allegations of rioting, unlawful assembly and assault against Narmada Bachao Andolan activist Medha Patkar in the year 2002 in Ahmedabad.

Challenging rejection of relief, he moved the HC, wherein, before the bench of Justice MK Thakker, Senior Advocate Jal Unwalla, representing Saxena argued that the magistrate court failed to take into account Article 361 of the Constitution of India, which protects the President and Governors and Rajpramukhs from criminal proceedings.

It was his further submission that as per Article 361 (3), the process for the arrest or imprisonment of the President, or the Governor of a State, can not be issued from any court during his term of office as the LG of Delhi.

Senior Advocate Unwalla also submitted that even if the court proceeds with the trial, it won't be in the position to send LG Saxena to custody in view of the protection granted to him under Article 361 (3) of the Constitution. 

In view of these submissions, Justice Thakker stayed criminal trial proceedings in the case while issuing notice to the respondent state and complainant Patkar and posted the matter for hearing on June 19.