Gujarat High Court stays trial against Delhi LG Vinai Kumar Saxena in 2002 Medha Patkar assault Case

The Gujarat High Court Tuesday stayed the criminal trial proceedings against Delhi Lieutenant Governor (LG) Vinai Kumar Saxena in a 2002 assault case lodged against him by activist Medha Patkar [Vinai Kumar Saxena vs State of Gujarat]..Vacation judge Justice Moxa Thakker granted interim relief to Saxena on his plea seeking to set aside an Ahmedabad magistrate court order that had refused to keep the trial against him in abeyance.The High Court also issued sought the response of the Gujarat government and Patkar.In his plea, Saxena has challenged the May 8 orders of the Magistrate by which, his application to keep the trial against him in abeyance, till the period he holds the post of the LG, was rejected. It was rejected primarily on the ground that the State did not make a similar request to stay the trial against him. The Magistrate even opined that conducting a separate trial would cause hardship to the prosecution witnesses as they will have to be examined again.The incident dates back to April 7, 2002, when Saxena along with three other men, allegedly assaulted Patkar, who was at the Sabarmati Gandhi Ashram to attend a meeting of civil rights activists to appeal for peace when Gujarat was facing communal riots. The four men were booked for offences of unlawful assembly, rioting, voluntarily causing hurt, wrongful restraint, intentional insult and criminal intimidation. .Senior advocate Jal Unwalla, appearing for Saxena, argued that the Magistrate Court failed to consider the provisions of Article 361 of the Constitution of India, which deals with Protection of President and Governors and Rajpramukhs and provides protection from any criminal proceedings against them till they hold such office.Unwalla further argued that the even if the trial is concluded against Saxena, the trial court would not be in a position to send him to jail, since protection is granted to him under Article 361 (3) of the Constitution of India.Unwalla also highlighted the fact that Patkar herself had sought adjournments of the case on 94 occasions..The matter would be next heard on June 19.