The Delhi Excessive Court docket on Tuesday upheld the conviction of Narmada Bachao Andolan (NBA) chief and activist Medha Patkar in a felony defamation case filed by Delhi Lieutenant Governor Vinai Kumar Saxena in 2001.
The only-judge Bench of Justice Shalinder Kaur held that there was no illegality within the verdicts delivered by the trial and appellate courts relating to conviction of Patkar within the felony defamation case.
The Excessive Court docket, nevertheless, modified the situation imposed by the appellate court docket, whereas releasing Patkar on probation. The social activist was required to seem earlier than the trial court docket each three months. Justice Kaur granted liberty to Patkar to both seem on-line or be represented by an advocate.
On April 25, the Delhi Police arrested Patkar, following the issuance of a non-bailable warrant (NBW) towards her conviction within the case by a Delhi court docket on April 23.
Extra Classes Choose Vishal Singh of Saket Court docket noticed that Patkar intentionally violated the order by avoiding to seem earlier than the court docket and in addition avoiding to just accept the phrases of sentence handed towards her.
Since there was no order of suspension of sentence, the court docket was left with no possibility than to implement the manufacturing of Patkar by means of a coercive order, famous ASJ Singh.
He ordered the workplace of the Commissioner of Police, Delhi Police, to challenge a non-bailable warrant (NBW) towards the convict.
If Patkar didn’t adjust to the phrases of order on sentence on the subsequent date, the court docket stated it will be constrained to rethink and alter the order on sentence.
On April 8, ASJ Singh had granted interim safety from arrest to Patkar within the felony defamation case.
The court docket held that Patkar wouldn’t face jail for defaming Saxena. It additional dominated that Patkar wouldn’t pay the tremendous imposed on her, nevertheless, she should pay a compensation of Rs one lakh to Saxena.
The trial court docket had earlier sentenced Patkar to 5 months in jail.
The Classes Court docket held on April 8 that Patkar could be launched on a probation of 1 12 months.
On April 7, the Delhi Excessive Court docket had reserved its verdict on a petition filed by Patkar, difficult her conviction in a felony defamation case lodged by Vinai Kumar Saxena in 2001.
The only-judge Bench of Justice Shalinder Kaur handed the order on a petition filed by Patkar, difficult her conviction within the felony defamation case.
On April 2, a trial court docket had dismissed Patkar’s attraction towards conviction within the case. She was additional ordered to seem in individual earlier than the trial court docket on April 8 for making submissions on sentence.
Patkar challenged this judgment earlier than the Excessive Court docket.
The Counsel showing for the activist argued that whereas dismissing the attraction, the trial court docket erred in passing the order directing the activist to seem in individual for making submissions on sentence.
After dismissing the attraction, the trial court docket turned ‘functus officio’ and couldn’t have handed the order itemizing the case for passing a separate order on sentence and asking Patkar to seem in individual, famous the lawyer.
He sought an adjournment within the case to position on file, the orders of the trial court docket in addition to related judgments associated to the .
Calling the petition untimely at this stage, the single-judge Bench directed Patkar to maneuver an applicable utility earlier than the trial court docket relating to her incapacity of showing in individual.
The Counsel argued that an applicable utility was to be moved earlier than the trial court docket as Patkar was unable to seem in individual and would seem by means of VC.
The Excessive Court docket granted liberty to Patkar to maneuver an applicable utility earlier than the trial court docket. It additional directed the trial court docket to contemplate the matter as per regulation.
Earlier than the trial court docket, Patkar had challenged her conviction and sentence awarded by the MM court docket final 12 months. In attraction, she was granted bail, whereas the order sentencing her to 5 months of imprisonment together with Rs 10 lakh tremendous was suspended until additional orders.
Patkar was convicted for the offence of felony defamation underneath Part 500 of the Indian Penal Code, 1860.
Saxena filed the case towards Patkar in 2001. He was then the Chief of Ahmedabad-based NGO Nationwide Council for Civil Liberties.
Saxena had filed the case towards Patkar for defaming him in a press be aware dated November 25, 2000, titled ‘true face of patriot’.
Within the press be aware, Patkar allegedly stated that VK Saxena, one who was pained by the Hawala transactions himself got here to Malegaon, praised NBA and gave a cheque of Rs 40,000.
The Lok Samiti naively and promptly despatched the receipt and the letter, which confirmed honesty and good record-keeping than the rest. However the cheque couldn’t be encashed and received bounced. On enquiry, the financial institution reported the account didn’t exist, she added.
Patkar allegedly stated that Saxena was a coward and never a patriot.
Whereas convicting her, the court docket had noticed that Patkar’s actions had been deliberate and malicious, aimed toward tarnishing Saxena’s good title and inflicting substantial hurt to his standing and credit score.
It additional identified that Patkar’s statements, calling Saxena a coward and never a patriot, in addition to alleging his involvement in hawala transactions, weren’t solely defamatory per se, but in addition crafted to incite unfavourable perceptions.
Patkar challenged her conviction and sentence awarded by the MM court docket final 12 months. In attraction, she was granted bail and the order sentencing her to five months of imprisonment together with Rs. 10 lakh tremendous was suspended until additional orders.
She was convicted for the offence of felony defamation underneath Part 500 of the Indian Penal Code, 1860.
