Delhi court acquits LG VK Saxena in Medha Patkar defamation case

The case arose from an advertisement published in a leading English daily on November 10, 2020. Patkar alleged that the advertisement made baseless accusations to damage her reputation as a social activist working for tribal rights

A Delhi court on Thursday acquitted lieutenant governor VK Saxena in a criminal defamation case filed by social activist and Narmada Bachao Andolan (NBA) leader Medha Patkar, holding that the alleged statements did not personally harm her reputation.

The judgment, delivered by judicial magistrate first class (JMFC) Raghav Sharma of the Saket courts, said the complainant failed to prove beyond reasonable doubt that she was an aggrieved person whose reputation had been lowered by the statements in question. (PTI)

The judgment, delivered by judicial magistrate first class (JMFC) Raghav Sharma of the Saket courts, said the complainant failed to prove beyond reasonable doubt that she was an aggrieved person whose reputation had been lowered by the statements in question.

The case arose from an advertisement published in a leading English daily on November 10, 2020. Patkar alleged that the advertisement made baseless accusations to damage her reputation as a social activist working for tribal rights.

Patkar claimed the advertisement was commissioned by Saxena, who was then president of the National Council of Civil Liberties (NCCL), a human rights NGO founded by him. She said the content raised unfounded questions about the funding of the NBA and its role in the nation’s development.The LG was represented by advocates Gajinder Kumar and Kiran Jai.

In its judgment, the court observed that the evidence failed to show that the statements in the advertisement directly targeted Patkar. Instead, it referred to the NBA as an organisation and to a letter allegedly written by one of its members.

“The complainant has failed to establish that the accused published any imputation concerning the complainant personally in the said advertisement with an intent to harm, or with the knowledge that it would harm her reputation,” the court said.

The judge noted that the criticism in the advertisement was directed at the NBA and certain individuals, but not Patkar, whose name appeared only in the headline and not in the body of the advertisement where the allegations were made.

The court also pointed out material contradictions in Patkar’s case, observing that her version in the complaint differed from her testimony during cross-examination. While she acknowledged in her complaint a letter allegedly written by an NBA member, she later disowned knowledge of it in court.

“The gross inconsistency in the stand of the complainant renders the credibility of her testimony diminished,” the court said, adding that the litigation appeared to be “convenient.”

The court further held that Section 499 (defamation) of the IPC also applies to companies or defined associations of persons, which the NBA did not qualify as. Describing the NBA as a loose and voluntary movement without formal membership, the court said defamation of the group, let alone of its leader, could not be claimed.

The case is one of several criminal defamation complaints between Patkar and Saxena. Last week, a Delhi court acquitted Patkar in a 2006 defamation case filed by Saxena, noting that no proof emerged of any defamatory statement made by her.

In another case from 2001, a Delhi court in May 2024 found Patkar guilty, holding that her statements were deliberate and intended to tarnish Saxena’s image. She was sentenced to five months in prison and fined ₹10 lakh. A sessions court later set aside the jail term and released her on probation.