The Supreme Court on Monday sustained social activist Medha Patkar's conviction in a defamation case filed by Delhi Lieutenant Governor Vinai Kumar Saxena in 2000. However, a Bench of Justices MM Sundresh and NK Singh waived the penalty of Rs 1 lakh imposed on her.
Saxena, who was once the President of the National Council of Civil Liberties, had in 2000 published an advertisement against Patkar's Narmada Bachao Andolan (NBA), the movement that opposed the construction of dams on the Narmada River.The advertisement was titled ‘True face of Ms. Medha Patkar and her Narmada Bachao Andolan’.
Following the publication of the advertisement, Patkar issued a press notice against Saxena, alleging that he had visited Malegaon, praised the NBA and paid Rs 40,000 through a cheque to Lok Samiti for Narmada Bachao Andolan. It also said that the cheque, which came from Lalbhai Group, had bounced.The reporting of the press note led Saxena to file a defamation suit against Patkar before a court in Ahmedabad in 2001. The case was transferred to Delhi in 2003 on orders of the Supreme Court.
In May-July 2024, Patkar was held guilty in the case and the magistrate court sentenced her to five months of jail and ordered her to pay Rs 10 lakh compensation to Saxena. The revisional court upheld the magistrate court's verdict convicting Patkar.However, it modified the punishment and released Patkar on probation on furnishing a probation bond of Rs 25,000 with one surety of the like amount for one year from the date of furnishing the probation bond and, subject to her depositing a compensation amount of Rs 1 lakh instead of Rs 10 lakh. She then moved the High Court against her conviction.
The Delhi High Court also upheld the conviction, but modified the condition of probation, requiring her to appear before the trial court every three months.The high court pointed out that in the appeal, Patkar did not even refer to the text ad context of the defamatory press note that had triggered the defamation suit as it alleged Saxena was 'mortgaging' the people of Gujarat and their resources to foreign interests.
Justice Shalinder Kaur said Patkar can appear online or be represented by an advocate.She then moved the top court against the same. Senior Advocate Sanjay Parikh argued the case for Medha Patkar. Senior Advocate Maninder Singh, along with advocates Gajinder Kumar, Kiran Jai and Somya appeared for VK Saxena.
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