The Delhi Court upheld the conviction of social activist Medha Patkar, affirming her five-month imprisonment and a fine of ₹10 lakh for defaming Delhi Lieutenant Governor Vinai Kumar Saxena. The Court observed that Patkar had actively participated in drafting and publishing a press note containing defamatory imputations against Saxena, thereby harming his reputation.
The case originated in 2000 when Saxena, then President of the National Council of Civil Liberties, published an advertisement titled "True Face of Ms. Medha Patkar and her Narmada Bachao Andolan." The advertisement criticized Patkar's movement against the construction of dams on the Narmada River.
In response, Patkar issued a press note titled "True Facts of a Patriot – Response to an Advertisement," alleging that Saxena had previously supported the Narmada Bachao Andolan (NBA), visited Malegaon, and even made a financial contribution to the movement. The note questioned Saxena's patriotism and linked him to the Lalbhai Group, whose cheque allegedly bounced.
This led Saxena to file a defamation suit against Patkar before a Court in Ahmedabad in 2001. The Supreme Court later transferred the case to Delhi in 2003. In July 2024, the trial court found Patkar guilty of defamation under Section 500 of the Indian Penal Code (IPC), sentencing her to five months in prison and imposing a ₹10 lakh fine. Patkar subsequently appealed before the Sessions Court.
Saxena denied visiting Malegaon, supporting the Narmada Bachao Andolan, or issuing any cheque to Lok Samiti. He presented witnesses who received the press note via email from Patkar. In her defense, Patkar contended that she had no involvement in drafting or distributing the press note and denied any connection with the Narmada.org website, which had published the document. She argued that there was no direct evidence linking her to the dissemination of the statement.
The Court noted that while there was no conclusive evidence proving Patkar had personally emailed the press note, the document was published on Narmada.org, a platform associated with Narmada Bachao Andolan's activities. The court emphasized her active involvement, stating, "The active involvement of Medha Patkar in authoring the Press Note and its publication is writ large on the face of the record. She merely used the smoke screen of the internet to disseminate the same."
Further, the court highlighted that Rediff.com had only translated the press note from English to Gujarati and published it. The crucial aspect was the defamatory content within the press note itself, which falsely alleged Saxena's endorsement of Narmada Bachao Andolan. The Court remarked, "By creating a false impression that the complainant (Saxena) financially supported NBA and by questioning his patriotism, the press note sought to malign his reputation in the public domain."
The Court upheld the trial court’s decision, affirming Patkar's conviction and sentencing. It concluded that the appeal lacked merit and dismissed it accordingly.
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