New Delhi: The Supreme Court has upheld the conviction of social activist Medha Patkar in a criminal defamation case filed by current Delhi Lieutenant Governor VK Saxena, but waived the penalty of Rs 1 lakh imposed on her.
A bench of justices MM Sundresh and NK Singh passed the order on Monday after Patkar had filed an appeal challenging the July 29 order of the Delhi High Court upholding her conviction.
“We are not inclined to interfere with the conviction. However, the penalty imposed on the appellant stands set aside,” the top court said.
The case, dating back to 2001, was filed by Saxena when he was heading the non-profit National Council for Civil Liberties (NCCL), which actively supported the Sardar Sarovar Dam Project in Gujarat.
Patkar, who led the Narmada Bachao Andolan (NBA) to mobilise protests against construction of the dam, had issued a press release titled ‘True Face of Patriot’. She alleged that Saxena had donated a cheque to NBA, which later bounced and implied that he covertly aided the movement, which he publicly opposed.
In May 2024, metropolitan magistrate Raghav Sharma found Patkar guilty, and sentenced her to five months’ imprisonment besides imposing a fine of Rs 1 lakh. In April this year, the sessions court upheld the conviction but set aside the jail term and released Patkar on probation.
The Delhi High Court found Patkar’s statements to be defamatory, which tarnished Saxena’s image.
The high court upheld the sessions court order, observing that it was passed after due consideration of evidence and law.
“The record suggests that the essential ingredients of Section 499 (criminal defamation) of the IPC are clearly made out. The imputations made were specific, published in the public domain and caused harm to the reputation of the respondent. The order under challenge appears to have been passed after due consideration of the evidence on record and the applicable law,” the July 29 high court order said.
