Delhi HC reserves order on Medha Patkar’s plea in defamation case

The defamation case arose from a press release issued on November 24, 2000, titled True Face of Patriot, in which Patkar alleged that Saxena — then president of the National Council for Civil Liberties (NCCL) — had donated a cheque to the NBA that later bounced

Lieutenant governor VK Saxena on Tuesday opposed activist Medha Patkar’s plea before the Delhi high court challenging her conviction and sentencing in a 2001 criminal defamation case, contending that she had played an active role in authorising the contents of a press release alleging that a cheque issued by his NGO to the Narmada Bachao Andolan (NBA) had bounced.

In May last year, a magistrate court found Patkar guilty, holding that her statements were deliberate, malicious, and aimed at tarnishing Saxena’s image. On July 1, the trial court sentenced her to five months’ imprisonment and imposed a ₹10 lakh fine. (HT Archive)

A bench of justice Shailender Kaur reserved its verdict on Patkar’s challenge to the sessions court’s April 2 order upholding her conviction. Saxena, represented by advocate Gajender Kumar, argued that while Patkar may not have been the convener of the web portal Narmada.org — where the press release was uploaded — she was closely linked to it, as the portal carried the NBA’s office address, which was the same as hers.

“She may not be the convener of the portal (which carried the press note), but her activities and her address are directly correlated. She was actively involved in authorising the contents of the note. The entire defamatory statement was published on the website, which still exists. She was clearly connected to it,” Kumar submitted.

While reserving its decision, the court clarified that its interim orders deferring Patkar’s sentence would remain in force. “Arguments concluded on behalf of the parties. Reserved. Interim orders to continue till the next date of hearing,” the court said.

The defamation case arose from a press release issued on November 24, 2000, titled True Face of Patriot, in which Patkar alleged that Saxena — then president of the National Council for Civil Liberties (NCCL) — had donated a cheque to the NBA that later bounced. She implied that Saxena, a vocal supporter of the Sardar Sarovar Project, was secretly aiding the very movement he publicly opposed.

At the time, Saxena’s NGO was known for exposing unfair trade practices and tax evasion in interstate commerce. He filed the defamation complaint on January 18, 2001, claiming the allegations were false and intended to damage his reputation.

In May last year, a magistrate court found Patkar guilty, holding that her statements were deliberate, malicious, and aimed at tarnishing Saxena’s image. On July 1, the trial court sentenced her to five months’ imprisonment and imposed a ₹10 lakh fine.

The sessions court upheld the conviction on April 2 but released Patkar on probation. She subsequently approached the Delhi high court against the order.

In her appeal, Patkar, represented by senior advocate Sanjay Parikh, argued that she had no connection with Narmada.org and had no knowledge of the press note. Parikh submitted that the note could have been typed by anyone, and that the mere inclusion of Patkar’s name at the end of the release could not be considered sufficient proof that she authored or caused it to be published.