In a recent development, a Delhi Court has found Medha Patkar, a leader of the Narmada Bachao Andolan, guilty in a criminal defamation case filed against her by Vinai Kumar Saxena in 2001. Saxena, who is currently Delhi's Lieutenant Governor, was the Chief of the Ahmedabad-based NGO National Council for Civil Liberties (NCCL) at the time of filing the case. Metropolitan Magistrate Raghav Sharma of Saket Courts convicted Patkar under Section 500 of the Indian Penal Code, 1860. 

Saxena filed the case against Patkar for defaming him in a press note dated November 25, 2000, titled "true face of patriot.” In the press note, Patkar stated, "VKSaxena, one who is pained by the Hawala transactions himself came to Malegaon, praised NBA and gave a cheque of Rs. 40,000. Lok Samiti naively and promptly sent the receipt and the letter, which shows honesty and good record keeping than anything else. But the cheque could not be encashed and got bounced. On inquiry, the bank reported the account does not exist." 

After Patkar referred to Saxena as a coward and not a patriot, Saxena filed a complaint in 2001. A Metropolitan Magistrate's court in Ahmedabad took cognisance of the offence under Section 500 of the IPC and issued a process under Section 204 of the Cr.P.C against Patkar. On February 3, 2003, the case was transferred to a Chief Metropolitan Magistrate's court in Delhi following Supreme Court orders. In 2011, Patkar pleaded not guilty and opted for a trial. 

The judge stated that Patkar's actions were deliberate and malicious, aimed at tarnishing Saxena's reputation and have caused substantial harm to his standing and credibility. 

"The accused's statements, calling the complainant a coward, not a patriot, and alleging his involvement in hawala transactions, were not only defamatory per se but also crafted to incite negative perceptions," the court remarked. 

The court added that Patkar's statements, which characterised Saxena as a coward and not a patriot, as well as alleging his involvement in hawala transactions, were clearly defamatory and intended to create unfavourable public opinion. Furthermore, the court observed, "The accusation that the complainant was mortgaging the people of Gujarat and their resources to foreign interests was a direct attack on his integrity and public service." 

The court further noted that Patkar did not provide any evidence to refute these claims or to demonstrate that she did not intend or foresee the harm these imputations would cause. "The resulting inquiries and doubts raised among the complainant's acquaintances, as well as the shift in perception highlighted by the witnesses, underscore the significant damage to his reputation," the court concluded. 

The judge concluded that Patkar's labelling of the complainant as a "coward" and "not a patriot" constituted a direct assault on his personal character and loyalty to the nation. "Such allegations carry significant weight in the public domain, where patriotism holds great value, and questioning someone's bravery and national allegiance can result in irreparable harm to their public image and societal standing," the court stated. 

The court further remarked, "These terms were not only provocative but also aimed at inciting public indignation and diminishing the complainant's reputation within the community." The sentencing arguments are scheduled to take place on May 30. 

Image Source: Telegraph India