New Delhi: Narmada Bachao Andolan leader and activist Medha Patkar on July 29 got relief in a 23-year-old defamation case filed against her by Vinai Kumar Saxena – now the Delhi lieutenant governor – after a Delhi court granted her bail and suspended an order sentencing her to five months in prison along with a Rs 10 lakh fine.
Additional session judge Vishal Singh was hearing Patkar’s appeal challenging her conviction by a metropolitan magistrate court last month which had ordered the prison sentence and hefty fine.
Saxena had filed a criminal defamation case against Patkar in 2001.
Patkar had also filed an application under Section 430 (1) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking suspension of sentence and grant of bail, LiveLaw reported. “The order of sentence dated 01/07/2024 shall remain suspended till further orders during pendency of present appeal. Appellant Medha Patkar is admitted to bail subject to furnishing personal bond in the sum of Rs.25,000/with one surety of like amount to the satisfaction of Ld. Trial Court…,” the court said.
The court sought Saxena’s response to the appeal and listed the matter for hearing on September 4, LiveLaw reported.
The complaint
Saxena had filed the case against Patkar over a press note in which the activist had called him a “coward” and “not a patriot”.
“VK Saxena, one who is pained by the Hawala transactions himself came to Malegaon, praised NBA and gave a cheque of Rs. 40,000. Lok Samiti naively and promptly sent the receipt and the letter, which shows honesty and good record keeping than anything else. But the cheque could not be encashed and got bounced. On enquiry, the bank reported the account does not exist,” the press note said.
Saxena was the Chief of Ahmedabad-based NGO National Council for Civil Liberties at the time.
Patkar was convicted on May 24 this year. While convicting her, the court had said that Patkar’s actions were deliberate, malicious and aimed at tarnishing Saxena’s good name, causing substantial harm to his standing and credit, LiveLaw reported.
The court said Patkar’s statements were not only defamatory but also an attempt to incite negative perceptions.
It had 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.
According to LiveLaw, the judge had concluded that Patkar’s remarks were a direct attack on Saxena’s personal character and loyalty to the nation.
