Delhi court upholds Medha Patkar’s conviction in defamation case filed by L-G Saxena

A Delhi court on Wednesday upheld a metropolitan magistrate’s order convicting 69-year-old social activist Medha Patkar in a criminal defamation case filed by Delhi Lieutenant Governor Vinai Kumar Saxena.

Additional sessions judge Vishal Singh of Saket court, however, deferred the pronouncement of the sentence as Patkar was not present in the court. The court has directed Patkar to appear before it on April 8 for the order on sentence.

The judge clarified that the sentence could not be enhanced since the Delhi Police had not preferred a plea for it and that it could only maintain or reduce it.

“The appeal has been dismissed, the conviction stands but for sentencing, the appellant has to appear in person. In order to receive sentence, the convict must be present in court. What is impugned is the judgement of conviction and sentencing. Since the state has not come for enhancement, there is no question for enhancement but at the most it can be maintained or reduced,” judge Singh said.

Patkar had approached the sessions court against the metropolitan magistrate’s order on May 24, 2024, convicting her and the order on July 1, 2024, awarding her five months of imprisonment.

The metropolitan magistrate, while convicting Patkar, had concluded that her actions were deliberate and malicious, aimed at tarnishing Saxena’s reputation. The court had noted that Patkar failed to provide evidence to counter Saxena’s claims.

“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 court had said in its order.

It added, “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.”

On July 29, additional sessions judge Vishal Singh had suspended the sentence awarded to Patkar and had also granted her bail, after furnishing bail bond of ₹25,000.

The defamation case stemmed from a press release issued by Patkar on November 25, 2000, titled ‘True Face of Patriot’.

In the press release, Patkar alleged that Saxena, who was then the president of the non-profit organisation National Council of Civil Liberties, had given a cheque to the Narmada Bachao Andolan (NBA), that subsequently bounced. The press release suggested that Saxena, known for supporting the Sardar Sarovar Project, was hypocritically supporting the NBA in secret.