In a recent development, the Delhi High Court directed activist Medha Patkar to seek the sessions court’s permission for deferring the payment of a Rs one lakh fine in a defamation case. This case, filed by Delhi Lieutenant Governor V.K. Saxena, dates back 23 years to his tenure as the head of an NGO in Gujarat.
The sessions court, on April 8, found the 70-year-old Patkar guilty of defamation, sentencing her to probation of good conduct rather than imprisonment, under the precondition of paying a Rs one lakh fine. The concept of probation allows offenders to be released on a bond of good behavior, avoiding prison time after conviction.
Justice Shalinder Kaur of the Delhi High Court declined to entertain Patkar’s plea to direct the trial court to postpone the execution of her sentence, including the fine payment. Instead, Justice Kaur instructed Patkar’s counsel to comply first with the trial court’s order before considering an appeal. “You first follow the trial court order and then I will consider your plea. Don’t come to the court on the last day,” remarked Justice Kaur during the hearing.
The matter is scheduled before the sessions court on Wednesday for the furnishing of a probation bond and the depositing of the fine. The high court noted the submissions from Patkar’s counsel and emphasized that the application should be handled by the trial court according to legal standards.
The high court has listed further hearings for May 19, when it will address Patkar’s challenge to the April 2 decision by the sessions court that upheld her conviction. Originally, on July 1, 2024, the magisterial court sentenced Patkar to five months of simple imprisonment and imposed a Rs 10 lakh fine, finding her guilty under IPC Section 500 for defamation.
In relief to Patkar, the sessions court modified the initial order by releasing her on probation and reducing the fine to Rs one lakh, which is to be paid as compensation to Saxena. This amount is to be recoverable as a fine, according to the law.
