Activist Medha Patkar Arrested In Defamation Case By Delhi L-G
The court had previously ordered Medha Patkar, the leader of the Narmada Bachao Andolan, to submit probation bonds and pay a fine of Rs 1 lakh in a defamation case involving Delhi Lieutenant Governor V K Saxena
Activist Medha Patkar was arrested by the Delhi Police on Friday following the issuance of a non-bailable warrant (NBW) against her by a Saket court on April 23. The court had previously ordered Patkar, the leader of the Narmada Bachao Andolan, to submit probation bonds and pay a fine of Rs 1 lakh in a defamation case involving Delhi Lieutenant Governor V K Saxena.
On Wednesday, the court expressed its frustration with Patkar’s actions, stating that her request for an adjournment was “frivolous and mischievous” and appeared to be an attempt to “hoodwink” the court.
Additional Sessions Judge Vishal Singh remarked, “Instead of appearing before the court to comply with the order on sentence dated April 8, the convict (Patkar) is absent and has deliberately failed to comply with the order on sentence and to avail of the benefit of probation subject to furnishing of the compensation amount.” The judge emphasized that Patkar’s intentions were clear, indicating that she was “deliberately violating the court order” and avoiding her legal obligations.
The court’s decision to issue the non-bailable warrant was a direct response to Patkar’s failure to appear and comply with the court’s orders. Judge Singh stated, “The intention of the convict is apparent that she is deliberately violating the court order; she is avoiding appearing before the court and also avoiding accepting the terms of the sentence passed against her.” He concluded that the court had no choice but to enforce her production through a “coercive order.”
The court directed the police to issue non-bailable warrants against Patkar, stating, “Put up for report on NBWs and further proceedings on May 3.” The judge also noted that Patkar’s request for an adjournment was based on the grounds that her revision petition was pending in the Delhi High Court.
However, he dismissed this application, asserting, “The application has no substance; there is no direction in the order dated April 22 of the Delhi High Court that the convict Medha Patkar is not required to comply with the order on sentence dated April 8.”
In a previous ruling on April 8, the court had granted Patkar a reprieve from a five-month imprisonment sentence, allowing her to be released on “probation of good conduct” in the defamation case. The sessions court had modified the earlier order from a magisterial court that sentenced her to five months of simple imprisonment on July 1, 2024. The court required her to deposit the compensation amount of Rs 1 lakh, which was to be released to Saxena.
The court’s order specified, “On deposit of the compensation amount, the convict or appellant Medha Patkar shall furnish a probation bond of Rs 25,000 with one surety of like amount for an operative period of one year from the date of furnishing the probation bond.” This arrangement was intended to allow Patkar to avoid incarceration while still holding her accountable for her actions.
What is the case?
The defamation case against Patkar was initiated by Saxena, who filed the complaint as the president of the National Council of Civil Liberties. The case stemmed from a press release issued by Patkar on November 24, 2000, in which she made statements that Saxena claimed were defamatory. A magisterial court observed on May 24, 2024, that Patkar’s remarks, which labeled Saxena a “coward” and accused him of involvement in hawala transactions, were not only defamatory but also designed to incite negative perceptions about him.
The court noted that Patkar’s accusations, which suggested that Saxena was “mortgaging” the people of Gujarat and their resources to foreign interests, constituted a direct attack on his integrity and public service. Following the completion of arguments on sentencing on May 30, the court reserved its order on the quantum of sentence until June 7, ultimately sentencing Patkar to five months of simple imprisonment on July 1.
Afterward, Patkar filed an appeal in a sessions court, which found her guilty in the defamation case but subsequently released her on probation on April 8, imposing the condition of a Rs 1 lakh fine. Probation, as defined by the court, is a method of non-institutional treatment for offenders, allowing for a conditional suspension of the sentence, where the offender is released on a bond of good behavior instead of being incarcerated.
