The Delhi High Court adjourned a petition by Medha Patkar, leader of the Narmada Bachao Andolan, challenging her conviction in a criminal defamation case filed by VK Saxena in 2001, until May 19. The decision came from Justice Shalinder Kaur’s single-judge Bench. On April 2, a trial court had rejected Patkar’s appeal against her conviction and mandated her appearance for sentencing submissions on April 8, prompting her appeal to the High Court.
Patkar’s counsel contended that the trial court erred by ordering her personal appearance after her appeal was dismissed, asserting it became ‘functus officio’ and should not have proceeded to set a sentencing date requiring her presence. He requested an adjournment to submit trial court orders and relevant judgments.
The High Court found the petition premature, instructing Patkar to file an application regarding her inability to appear in person, allowing her to attend via video conference. The court emphasized that the trial court must consider her application according to the law.
Before the trial court, Patkar contested her conviction and sentence imposed by the MM court last year. Her appeal granted her bail and suspended the 5-month imprisonment and Rs 10 lakh fine until further notice. She was convicted of criminal defamation under Section 500 of the Indian Penal Code, 1860. The case was brought against her in 2001 by VK Saxena, then the Chief of the NGO National Council for Civil Liberties and currently the Lieutenant Governor of Delhi.
Saxena accused Patkar of defaming him in a press note dated November 25, 2000, titled ‘true face of patriot’. In it, Patkar claimed Saxena, who expressed distress over hawala transactions, had provided a Rs 40,000 cheque that bounced due to a nonexistent account. She also labeled him a coward and questioned his patriotism. The court found her actions deliberate and malicious, intended to harm Saxena’s reputation and inciting negative perceptions against him.
