A Delhi court on Saturday acquitted activist Medha Patkar in a two-decade-old criminal defamation case filed by Delhi Lieutenant Governor VK Saxena.
Judicial Magistrate First Class Raghav Sharma of the Saket Courts ruled that Saxena failed to prove beyond a reasonable doubt that Patkar made the alleged defamatory statements during an India TV program “Breaking News” on April 20, 2006.
“It is hereby held that complainant has failed to prove its case beyond reasonable doubt against the accused. Accused Medha Patkar is hereby acquitted for the offence punishable under Section 500 of the IPC,” the Court ordered.
The case dates back to 2006, when Saxena, then the President of the National Council of Civil Liberties (NCCL), filed a complaint alleging defamation during an India TV program, “Breaking News,” on April 20, 2006.
He claimed Medha Patkar accused him on air of receiving civil contracts from Sardar Sarovar Nigam, damaging his reputation, and offered to prove it with a CD. Saxena said that he issued a legal notice to Patkar shortly after the broadcast, demanding a copy of the CD and proof of her claims but received no response, prompting him to file the defamation case.
While the criminal case was initiated before a Court in Ahmedabad, it was transferred to Delhi in 2010 on the orders of the Supreme Court.
In his order today, Judge Sharma said that Saxena did not produce the original footage containing the allegedly defamatory statements by Patkar or the device recording the same and, therefore, the statements made by Patkar remains unproved.
“It is important to note that neither the reporter who actually recorded the audio video nor any person who had seen the accused making the impugned statements has been examined as a witness. It is also crucial to note that the clip played in the programme/show appears to be only a very short clipping from an interview or press conference of the accused,” the Court noted.
It added that to make any determination, it is essential that entire video and audio of press conference is brought before the court or some eye witness to that press conference/interview depose about the same.
“Without examining the entire clip/footage of that interview, no determination can be made regarding the speech of the accused,” the Court concluded.
Advocate Gajinder Kumar, Kiran, Chandra Shekhar, Drishti and Somya appeared for VK Saxena.
Advocate Sridevi Panikkar and Abhimanue Shreshtha represented Medha Patkar.
Earlier, Patkar was convicted in a separate defamation case filed by Saxena. That conviction by the trial court was sustained right up to the Supreme Court.
[Read Judgment]