Delhi Court Convicts Medha Patkar In Defamation Case Filed By LG VK Saxena

A Delhi Court on Friday convicted 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.

Metropolitan Magistrate Raghav Sharma of Saket Courts convicted Patkar 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 was 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 “VKSaxena, 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 said that Saxena was a coward and not a patriot.

After filing of complaint in 2001, an MM court in Ahemdabad took cognizance of 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.

The judge said that Patkar's actions were deliberate and malicious, aimed at tarnishing Saxena's good name and have caused substantial harm to his standing and credit.

“The accused's statements, calling the complainant a coward, not a patriot, and alleging his involvement in hawala transactions, were not only defamatory per-se but also crafted to incite negative perceptions,” the court said.

It added 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.

“Furthermore, the accusation that the complainant was mortgaging the people of Gujarat and their resources to foreign interests was a direct attack on his integrity and public service,” the court observed.

It 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.

“The resulting inquiries and doubts raised among the complainant's acquaintances, as well as the shift in perception highlighted by the witnesses, underscore the significant damage to his reputation,” the court said.

Furthermore, the judge 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.

“Such allegations are particularly grave in the public sphere, where patriotism is highly valued, and questioning someone's courage and national loyalty can cause irreversible damage to their public image and social standing,” the court said.

It added: “These terms were not only inflammatory but also intended to provoke public outrage and diminish the complainant's esteem in the eyes of the community.”

The matter will now be heard for arguments on sentence on May 30.