New Delhi: The Supreme Court has refused to interfere with the decision of the Delhi High Court’s in having upheld a Magistrate courts’ (JMFC) order that dismissed social activist Medha Patkar’s plea seeking examination of an additional witness in a defamation case filed by her against Lieutenant Governor (LG) of Delhi VK Saxena in the year 2000.
A bench of Justices M.M. Sundresh and Satish Chandra Sharma dismissed the plea after the counsel appearing for Patkar sought to withdraw the same. The top court noted that the High Court’s decision warranted no interference.
Patkar, in her plea, had contended that the High Court’s decision was incorrect in having upheld the Magistrate court’s order that dismissed her plea.
Patkar asserted that the High Court in the same order has observed that it is mandatory for the Magistrate to consider all evidence produced in support of the complainant, and the Magistrate is not bound solely by the list of witnesses submitted under the relevant
provisions of the Criminal Procedure Code (Cr.P.C.).
The Magistrate’s court had dismissed Parkar’s plea by noting that a witness who has not been named in the list filed under the relevant Cr.P.C. provision could not be examined by invoking another provision of the Cr.P.C. in this regard.
The matter pertained to a complaint filed by Patkar alleging that an advertisement published in a newspaper by VK Saxena on November 10, 2000, by the accused is defamatory to her. Patkar was represented by Advocate Abhimanue Shrestha.
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