Court convicts Medha Patkar in defamation case filed by Saxena

A Delhi court on Friday convicted Narmada Bachao Andolan (NBA) activist Medha Patkar in a 23-year-old defamation case filed against her by the then president of the non-profit organisation, National Council of Civil Liberties, VK Saxena, who is currently serving as the lieutenant governor (LG) of Delhi.

Metropolitan magistrate Raghav Sharma pronounced the verdict, saying: “It has been proved beyond reasonable doubt that the accused (Patkar) published the imputations with the intent and knowledge that they would harm the reputation of the complainant and, therefore, committed an offence punishable under Section 500 of the IPC (Indian Penal Code). She is hereby convicted of the same.”

The case dates back to January 2001, when Saxena alleged that Patkar issued a press release titled, “True Face of Patriot”, on November 25, 2000, containing false imputations intended to harm his reputation. Saxena was then the chief of the Ahmedabad-based NGO. He also filed two cases against Patkar for making allegedly derogatory remarks against him on a TV channel and issuing a defamatory press statement.

Saxena’s organisation was actively supporting the completion of the Sardar Sarovar Project at the time. Patkar, on the other hand, was spearheading massive protests against the dam’s construction, arguing that it would displace thousands of tribal people and submerge vast stretches of forests and farmland.

Advocates Gajinder Kumar, Kiran Jai and Chandra Shekhar, representing Saxena, argued before the Delhi court that the imputations in Patkar’s press note portrayed Saxena as a hypocrite and harmed his reputation.

The court, while convicting Patkar, noted that her actions were deliberate, malicious, and aimed at tarnishing Saxena’s reputation. It observed that the statements made by Patkar were defamatory and incited negative perceptions about Saxena, damaging his standing in public eye.

“The statements of the accused, 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 also noted that Patkar did not present any evidence to refute Saxena’s allegation, which he had made in his testimony and the depositions of two other complainant witnesses, showing that her defamatory remarks had falsely linked him to activities at odds with his public position and cast doubt on his integrity and patriotism.

“The accused (Patkar) failed to provide any evidence to counter the claims or to show that she did not intend or foresee the harm these imputations would cause,” the order added.

Patkar now faces a punishment that may extend to two years of simple imprisonment, a fine, or both. The court has scheduled the sentencing hearing for May 30.