Following the conviction of Narmada Bachao Andolan leader and activist Medha Patkar in a criminal defamation case, a Delhi court on Wednesday issued non-bailable warrants against her.
Vinai Kumar Saxena, the current Lieutenant Governor of Delhi, had lodged a criminal defamation case against Patkar in 2001.
Additional Sessions Judge Vishal Singh of Saket Courts observed that Patkar deliberately violated the court order by avoiding to appear before the court and also avoiding to accept the terms of sentence passed against her.
Since there was no order of suspension of sentence, the court was left with no option than to enforce the production of Patkar through a coercive order, noted ASJ Singh.
He ordered the office of Commissioner of Police, Delhi Police, to issue NBWs against the convict.
If Patkar failed to comply with the terms of order on sentence on the next date, the court said it would be constrained to reconsider and alter the order on sentence.
On April 8, ASJ Singh had granted interim protection from arrest to Patkar in the criminal defamation case..
The court held that Patkar would not face jail for defaming Saxena. It further ruled that Patkar would not pay the fine imposed on her, however, she must pay a compensation of Rs one lakh to Saxena.
The trial court had earlier sentenced Patkar to five months in jail.
The Sessions Court held on April 8 that Patkar would be released on a probation of one year.
On April 7, the Delhi High Court had reserved its verdict till May 19, on a petition filed by Patkar, challenging her conviction in a criminal defamation case lodged by Vinai Kumar Saxena in 2001.
The single-judge Bench of Justice Shalinder Kaur passed the order on a petition filed by Patkar, challenging her conviction in the criminal defamation case.
On April 2, a trial court had dismissed Patkar’s appeal against conviction in the case. She was further ordered to appear in person before the trial court on April 8 for making submissions on sentence.
Patkar challenged this judgment before the High Court.
The Counsel appearing for the activist argued that while dismissing the appeal, the trial court erred in passing the order directing the activist to appear in person for making submissions on sentence.
After dismissing the appeal, the trial court became ‘functus officio’ and could not have passed the order listing the case for passing a separate order on sentence and asking Patkar to appear in person, noted the lawyer.
He sought an adjournment in the case today to place on record, the orders of the trial court as well as relevant judgments related to the .
Calling the petition premature at this stage, the single-judge Bench directed Patkar to move an appropriate application before the trial court regarding her inability of appearing in person.
The Counsel argued that an appropriate application was to be moved before the trial court as Patkar was unable to appear in person and would appear through VC.
The High Court granted liberty to Patkar to move an appropriate application before the trial court. It further directed the trial court to consider the matter as per law.
Before the trial court, Patkar had challenged her conviction and sentence awarded by the MM court last year. In appeal, she was granted bail, while the order sentencing her to 5 months of imprisonment along with Rs 10 lakh fine was suspended till further orders.
Patkar was convicted for the offence of criminal defamation under Section 500 of the Indian Penal Code, 1860.
Saxena filed the case against Patkar in 2001. He was then the Chief of Ahmedabad-based NGO National Council for Civil Liberties.
VK Saxena, currently serving as the Lieutenant Governor of Delhi, had filed the case against Patkar for defaming him in a press note dated November 25, 2000, titled ‘true face of patriot’.
In the press note, Patkar allegedly said that VK Saxena, one who was pained by the Hawala transactions himself came to Malegaon, praised NBA and gave a cheque of Rs 40,000. The Lok Samiti naively and promptly sent the receipt and the letter, which showed 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 did not exist, she added.
Patkar allegedly said that Saxena was a coward and not a patriot.
While convicting her, the court had observed that Patkar’s actions were deliberate and malicious, aimed at tarnishing Saxena’s good name and causing substantial harm to his standing and credit.
It further pointed out that Patkar’s statements, calling Saxena a coward and not a patriot, besides alleging his involvement in hawala transactions, were not only defamatory per se, but also crafted to incite negative perceptions.
Patkar had challenged her conviction and sentence awarded by the MM court last year. In appeal, she was granted bail and the order sentencing her to 5 months of imprisonment along with Rs. 10 lakh fine was suspended till further orders.
Patkar was convicted for the offence of criminal defamation under Section 500 of the Indian Penal Code, 1860.
Saxena filed the case against Patkar in 2001. He was then the Chief of Ahmedabad-based NGO National Council for Civil Liberties.
Saxena filed the case against Patkar for defaming him in a press note dated November 25, 2000, titled “true face of patriot.”
In the press note, Patkar said “VK Saxena, one who is pained by the Hawala transactions himself came to Malegaon, praised NBA and give a cheque of Rs. 40,000. Lok Samiti naively and promptly sent the receipt and the letter, which shows honesty and good record keeping then anything else. But the cheque could not be encashed and got bounced. On enquiry, the bank reported the account does not exist.”
Patkar allegedly said that Saxena was a coward and not a patriot.
While convicting her, the court had had said that Patkar’s actions were deliberate and malicious, aimed at tarnishing Saxena’s good name and caused substantial harm to his standing and credit.
It had observed that Patkar’s statements, calling Saxena a coward and not a patriot, and alleging his involvement in hawala transactions, were not only defamatory per se but also crafted to incite negative perceptions.
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