SC upholds activist Medha Patkar's conviction in defamation case by Delhi LG Saxena

The Supreme Court on Monday confirmed that activist Medha Patkar is guilty in a 25-year-old defamation case filed by Lieutenant Governor (LG) of Delhi, V K Saxena, refusing to interfere with the conviction.

However, the Court set-aside a Rs 1 lakh penalty imposed on Patkar in the defamation case and the supervision ordered on Patkar by the appellate court.

The ruling, made by a bench of Justices M M Sundresh and N Kotiswar Singh, stated that it was not inclined to interfere with the Delhi high court order on the matter that released Patkar on "probation of good conduct" but required her to appear before the trial court once every three years.


It added, "However, taking into consideration the submission of the counsel for the petitioner the penalty imposed stands set aside and we further clarify that the supervision order will not be given effect."

On July 29, Delhi HC upheld the conviction and punishment awarded to 70-year-old Patkar.
The defamation case was filed by LG Saxena 25 years ago when he was heading an NGO in Gujarat.

Citing illegality or material irregularity in the findings of the trial court, the high court added that the order of conviction was passed after due consideration of evidence and the applicable law.

Patkar failed to demonstrate any defects in the procedure that was followed or any error in the law that resulted in the miscarriage of justice, the high court said.

Delhi HC also upheld the order on sentence, where Patkar was released on "probation of good conduct", and said it did not require any interference.

Probation is a method of non-institutional treatment of offenders and a conditional suspension of sentence in which the offender, after conviction, is released on bond of good behaviour instead of being sent to prison.

The condition of probation imposed by the trial court were modified by the high court. The revised conditions required Patkar to appear before the trial court once in every three months, and allowed her to either appear physically or through videoconferencing or be represented through the lawyer during the appearances.

The Narmada Bachao Andolan leader Patkar challenged the April 2 sessions court order upholding her conviction handed out by a magisterial court in the case.

Similar to Delhi HC, the sessions court had upheld Patkar's conviction in the case, releasing her on "probation of good conduct" on furnishing a probation bond of Rs 25,000 on April 8 and imposed a precondition on her of depositing Rs 1 lakh as fine.

On July 1 2024, the magisterial court sentenced Patkar to five months of simple imprisonment and slapped a Rs 10 lakh fine after finding her guilty under Section 500 (defamation) of the IPC.

Present LG Saxena filed the case as president of the National Council of Civil Liberties against Patkar for her defamatory press release against Saxena dated November 24, 2000.

On May 24, 2024, the magisterial court held that Patkar's statements were not only per se defamatory but also "crafted to incite negative perceptions" about him.

The accusation that the complainant was "mortgaging" the people of Gujarat and their resources to foreign interests was a direct attack on his integrity and public service, it had said.

On April 2, the sessions court had dismissed a challenge to the order and held that Patkar was "rightly convicted" and there was "no substance" in the appeal against the verdict of her conviction in the defamation case.

(With inputs from PTI)