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Social activist Medha Patkar being released after brief arrest in defamation case by VK Saxena

Defamation case against Narmada Bachao Andolan activist Medha Patkar was filed by VK Saxena, who is currently Delhi L-G, in 2000 when he headed Gujarat-based NGO.

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New Delhi: Delhi Police arrested social activist Medha Patkar briefly Friday, two days after a court here issued a non-bailable warrant in connection with a 24-year-old defamation case filed by V.K. Saxena, who is currently serving as Delhi’s Lieutenant Governor.

Later in the day, a court here ordered that she be released following the submission of a probation bond, said a Delhi police officer who did not wish to be named.

Patkar’s counsel Gajinder Kumar confirmed to ThePrint that “a demand draft of Rs 1 lakh has been submitted” in line with the court’s directions.

The non-bailable warrant against the 70-year-old Narmada Bachao Andolan (NBA) activist was issued by the court Wednesday saying Patkar “deliberately” flouted its order to submit probation bond. A senior police officer confirmed to ThePrint Friday morning that Patkar was arrested. The NBW was executed by the South East district police.

The original case was lodged by Saxena in 2000 when he headed Gujarat-based NGO National Council of Civil Liberties. Saxena was then actively involved in public interest causes, exposing unfair trade practices adopted by all companies and bringing large-scale evasions of sales tax in interstate transactions to the fore.

That year, Saxena released an advertisement that took a critical stance on Patkar’s NBA. In response, the NBA released a “press notice” criticising Saxena. Patkar accused him of being involved in hawala transactions and also called him a “coward”.

The following year, Saxena filed a defamation case against Patkar in Ahmedabad. The lawsuit was transferred to Delhi in 2003 on a directive from the Supreme Court.

In May 24 last year, a metropolitan magistrate here convicted Patkar holding her actions deliberate, malicious and aimed at tarnishing Saxena’s reputation. Subseqently, the judge sentenced Patkar on 1 July that year to five months in jail and a compensation amount of Rs 1 lakh to Saxena.

“Ms Medha Patkar, being herself a person of repute, must know the value of one’s reputation and how defamation can result in loss of face and public-esteem of the victim. An insensitive approach towards others’ reputation and abuse of right to free speech must be met with criminal sanction,” read the order. The court also mentioned that Patkar’s words were “false and malicious” and were published through a press note, “intending to harm or knowing that it would harm his reputation and respect”.

In an order on 29 July last year, however, the trial court directed that Patkar be released on probation for good conduct for a period of one year subject to prior deposit of Rs 1 lakh to be released in favour of LG Saxena.

The court also noted the activist’s offence did not warrant imprisonment.

In her appeal, Patkar had stated that the fine of Rs 10 lakh imposed on her by the trial court through its order on 1 July last year, “was neither legally sustainable nor justified”. The prosecution argued that Patkar intentionally defamed the “complainant with a premeditated mind, for which she deserves strict punishment”.

On Tuesday, the Delhi High Court had refused Patkar’s plea seeking a two-week stay in proceedings against her. The high court had asked her to approach the trial court.

Issuing the NBW against her Wednesday, the trial court said “The intention of convict Medha Patkar is apparent that she is deliberately violating the court order; she is avoiding to appear before the court and also avoiding to accept the terms of sentence passed against her”.

(Edited by Ajeet Tiwari)


Also read: Portrayed Delhi L-G as ‘hypocrite’— what court said in order convicting Medha Patkar for defamation


 

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1 COMMENT

  1. Why is Medha Patkar being released? Is the law different for the rich and influential people? What kind of justice is this?
    Would they have released a common man in a case like this? Why is it that the well connected elites of this nation are always accorded special privileges?

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