Activist and Narmada Bachao Andolan leader Medha Patkar has approached the Delhi High Court to challenge her conviction in a criminal defamation case filed by Vinai Kumar Saxena—currently the Lieutenant Governor of Delhi.
The matter was heard by Justice Shalinder Kaur, who listed it for further hearing on May 19.
“The counsel is at liberty to move appropriate application before the trial court which shall be considered as per law by the trial court,” the Delhi High Court stated during the hearing.
Patkar has contested the judgment passed by the trial court on April 2, which dismissed her appeal against conviction. In the same order, the trial court also directed her to appear in person to make submissions on sentencing. This direction has also been challenged.
During the High Court hearing, Patkar’s legal counsel argued that the trial court became functus officio—meaning it had exhausted its authority—once it dismissed the appeal. As per the counsel, the trial court had no jurisdiction left to issue a direction for personal appearance or pass a separate order on sentencing.
Her counsel sought adjournment to place relevant trial court orders and legal judgments on record. However, the Delhi High Court held that the petition was premature at this stage, and advised that a proper application could be made before the trial court regarding her inability to appear in person.
In response, Patkar's legal team said they would move such an application and that Patkar would join proceedings through video conferencing.
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"An appropriate application is to be moved before the trial court as Patkar was unable to appear in person and will appear through VC," her counsel submitted.
Earlier, Patkar had appealed against her conviction and sentence imposed by the Metropolitan Magistrate court in a defamation case filed by Saxena. During this appeal, she was granted bail, and her sentence—5 months imprisonment and a fine of ₹10 lakh—was suspended until further orders.
The defamation case dates back to 2001, when VK Saxena, then heading Ahmedabad-based NGO National Council for Civil Liberties, filed a complaint against Patkar.
The case was based on a press note dated November 25, 2000, titled "True Face of Patriot", where Patkar allegedly made defamatory remarks against Saxena.
In the press note, Patkar stated:
“VK Saxena, 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 enquiry, the bank reported the account does not exist.”
She also allegedly called Saxena a coward and not a patriot, which formed the core of the defamation allegations.
The trial court found these statements deliberate and malicious, aimed at damaging Saxena’s reputation and credibility.
"Patkar's statements, calling Saxena a coward and not a patriot, and alleging his involvement in hawala transactions, were not only defamatory per se but also crafted to incite negative perceptions," the trial court had observed.
Title: Medha Patkar v. VK Saxena
