The Delhi High Court, on Monday, instructed activist Medha Patkar to approach the sessions court to obtain permission for a virtual appearance regarding her sentencing in a longstanding defamation case initiated by Delhi’s Lieutenant Governor V K Saxena.
Nearly two decades ago, Saxena, then leading a non-governmental organization in Gujarat, had accused Patkar of issuing a defamatory press release against him. The contentious press release dated November 24, 2000, labeled Saxena a “coward” and implicated him in dubious financial transactions and unethical dealings concerning Gujarat’s resources.
Justice Shalinder Kaur of the Delhi High Court declared Patkar’s plea as premature, advising her counsel to file a formal application in the sessions court. “The counsel is at liberty to move appropriate application before the sessions court which shall be considered,” Justice Kaur stated, scheduling Patkar’s appeal against her conviction for May 19.
The case, which has seen various legal battles over the years, reached a significant juncture last year when the magisterial court sentenced the 70-year-old leader of the Narmada Bachao Andolan (NBA) to five months of simple imprisonment and imposed a fine of Rs 10 lakh on July 1, 2024. The court found Patkar guilty under IPC Section 500, pertaining to defamation.
On April 2, additional sessions judge Vishal Singh upheld the conviction, dismissing Patkar’s initial appeal and asserting the need for her physical presence for subsequent hearings and sentencing. This decision prompted Patkar to challenge the requirement of her in-person attendance, leading to the latest plea in the high court.
Patkar’s legal team contended that the sessions court overstepped its bounds by insisting on her physical presence post-dismissal of her appeal, arguing for the legitimacy of a virtual appearance given her advanced age and the protracted nature of the legal proceedings.
