VK Saxena Vs Medha Patkar Defamation matter: Court dismisses appeal, directs Patkar to appear for sentencing

Apr 02, 2025

New Delhi [India], April 2 : The Saket District court on Wednesday dismissed social activist Medha Patkar's appeal against her conviction in the defamation case of 2001. The court has ordered her to appear physically for sentencing on April 8, 2025.
Patkar had challenged her conviction and sentence in a defamation case filed by V K Saxena in 2001.
Additional Sessions Judge (ASJ) Vishal Singh ordered Medha Patkar to appear physically for the purpose of submission on point of sentence and order on sentence on the next date.
ASJ Vishal Singh said in the order, "For the purpose of submission on sentence and receiving the sentence, it is deemed reasonable and expedient that appellant Medha Patkar shall appear in person before the Court on next date. She is ordered to appear in person before the Court on the next date."
"Put up for the appearance of appellant Medha Patkar, submissions on point of sentence and order on sentence, on 08.04.2025," the court directed.
Advocate Gajinder Kumar, along with advocates Kiran Jai and Chandra Shekhar, appeared for V K Saxena.
While dismissing the appeal Additional Sessions Judge (ASJ) Vishal Singh said, "The appeal is dismissed and Conviction sustained."
The Court held that the evidence led by the respondent (V K Saxena) during the trial proved beyond reasonable doubt that Medha Patkar published the press note dated November 24, 2000, carrying imputations on his character with intent to harm or having reason to believe that the imputations will harm his reputation. The appellant was rightly convicted for offence Under section 500 IPC.
"There is no substance in appeal so far as it impugns the judgment of conviction and it is dismissed," ASJ Vishal Singh said in the judgement.
While dismissing the appeal the court observed, " rediff.com only published a Press Note that was already published by Medha Patkar through Narmada.org, with the only difference that rediff.com translated the Press Note of English language into news article of Gujarati language. Whether press note in contention was personally sent by Medha Patkar to rediff.com or it was sent by someone else on her behalf, was completely inconsequential."
"There is no gainsaying that the contents of Press Note were factually false and defamatory to the complainant," the court noted in the judgement.
Medha Patkar was sentenced and fined by the court on July 1 last year for the defamation of V K Saxena (incumbent LG Delhi).
The Magistrate court had convicted her in May 2024. Patkar had challenged the order of the Trial court before the session court.
Delhi's Saket court, on July 1, sentenced Narmada Bachao Andolan activist Medha Patkar to 5 months simple imprisonment. Patkar was fined of Rs 10 lakh, which was also imposed.
She was granted one month's bail to challenge the trial court judgement.
The court had also directed her to pay a compensation of Rs 10 lakh to Complainant V K Saksena. The Court had convicted Medha Patkar on May 24 for defaming V K Saksena.
The case pertains to year 2000 when complainant V K Saxena was President of the National Council of Civil Liberties (NCCL), a registered society that was actively engaged in issues pertaining to public interest as well as in exposing the malpractices of public sector corporations and private sector companies.
The complainant's organization actively supported the Sardar Sarovar Project of the Gujarat Government and wanted to ensure that the said project got completed in time, to help address the water issues in water-parched areas of Gujarat.
On the other hand, Narmada Bachao Andolan, headed by Medha Patkar (appellant herein) was leading a mass movement
in opposition to Sardar Sarovar Project.
The case of the complainant, as deposed by CW1, was that rediff.com was widely read news portal. In the Press Note dated March 24 2000, accused Medha Patkar (appellant) claimed that the complainant visited Malegaon, praised Narmada Bachao Andolan and paid Rs.40,000 through cheque to Lok Samiti for Narmada Bachao Andolan.
The Complainant asserted that he never visited Malegaon and never praised the NBA which, in his view, was working against projects of national importance; and he did not give any cheque to Lok Samiti.