Delhi court convicts Medha Patkar in 20-year-old defamation case by Delhi LG VK Saxena

A Delhi court on Friday convicted activist Medha Patkar in a defamation case filed by Delhi Lieutenant Governor Vinai Kumar Saxena against her in 2001 [VK Saxena v Medha Patkar]..Saxena, who was the President of an organisation called National Council of Civil Liberties, had in the year 2000 published an advertisement against Patkar's Narmada Bachao Andolan, the movement that opposed construction of dams over Narmada river.Following the publication of the advertisement, Patkar had allegedly issued a press notice against Saxena. The reporting of the press note led Saxena to file a defamation suit against Patkar before a court in Ahmedabad in 2001 - it was transferred to Delhi in 2003 on orders of Supreme Court. .In the judgment delivered today, Metropolitan Magistrate Raghav Sharma of Saket Court noted that Patkar, the founder member of NBA, in the press note had called Saxena a "coward and not a patriot"."She imputed upon him that he was mortgaging the people of Gujarat and their resources before bill gates and Wolfensohn and he was agent of Government of Gujarat. It is evident that the accused harbored a clear intention to defame the complainant through her press note, given the deliberate and calculated nature of her statements," the Court said..The Court further ruled that Patkar, by "explicitly" stating that Saxena was “pained with hawala transactions", aimed to associate him with illegal and unethical financial dealings, which inflicted significant harm to his reputation and standing. This assertion, without providing any substantive evidence, was a clear attempt to malign his financial integrity and create a public perception of wrongdoing, the Court opined."Moreover, her decision to label the complainant as a “coward” and “not a patriot” was a direct attack on his personal character and loyalty to the nation. Such allegations are particularly grave in the public sphere, where patriotism is highly valued, and questioning someone’s courage and national loyalty can cause irreversible damage to their public image and social standing," the Court said.It also said that such terms against Saxena were not only inflammatory but were intended to provoke public outrage and diminish his esteem in the eyes of the community..Further, the Court said that Patkar by imputing that Saxena was “mortgaging the people of Gujarat and their resources before Bill Gates and Wolfensohn" had insinuated that he was betraying the trust of the people and compromising the State’s welfare for the benefit of foreign interests. "This accusation suggests that the complainant was engaged in actions detrimental to the state and its citizens, thereby framing him as a traitor to public trust and interest," the judge said..The Court also opined that Patkar's use of "specific, emotionally charged language and her focus on highly sensitive issues" like financial misconduct, personal cowardice, and national loyalty demonstrated a calculated effort to damage Saxena's reputation. "Her statements were crafted not just to inform but to incite negative sentiments among the public, indicating a clear and malicious intent to defame. The gravity and precision of these accusations highlight the deliberate nature of her actions, affirming that her primary objective was to undermine the complainant’s credibility and integrity in the public eye," the judge held..Thus, the Court concluded that it was proved beyond reasonable doubt that Patkar had published the imputations with the intent and knowledge that they would harm Saxena's reputation."Therefore, [she] committed an offence punishable under Section 500 of the IPC," it ruled..The Court will hear the parties on sentencing on May 30..Advocates Gajinder Kumar, Kiran Jai, Chandra Shekhar, Drishti and Somya represented Saxena.Advocate Sridevi Pannikar represented Patkar..[Read Judgment]