Medha Patkar Gets Partial Relief in Defamation Case

Social activist Medha Patkar has not got relief from the Supreme Court of India. The Supreme Court has upheld Patkar's conviction in a 25-year-old defamation case filed by Delhi Lieutenant Governor V.K. Saxena. A bench of Justices MM Sundaresh and N. Kotishwar Singh refused to interfere with the Delhi High Court order in the case.

The apex court bench has removed the fine of Rs 1 lakh while considering the argument of the petitioner's lawyer. The court also clarified that the supervision order will not be applicable. On July 29, the High Court upheld the conviction and punishment given to 70-year-old Patkar. The case was filed 25 years ago by VK Saxena when he was leading an NGO in Gujarat.

The high court clarified that no illegality or serious irregularity was found in the lower court's decisions. The court also said that the sentence was ordered after a proper analysis of the evidence and the applicable law. Moreover, Patkar failed to prove that there was any defect in procedure or any error in law, which led to a miscarriage of justice.

The high court upheld the sentence order and decided to release Patkar on "probation of good conduct" and said that no interference was necessary. Probation is a method that reflects non-institutional treatment of offenders, in which the convicted person is released on the condition of good behaviour instead of sending him to jail.

The high court modified the conditions of probation set by the lower court, which required Patkar to appear before the lower court every three months. She was allowed to appear physically during the hearing, participate through video conferencing, or be represented through her lawyer.

On 24 May 2024, the magisterial court ruled that Patkar's statements were not only defamatory but were also deliberately designed to create negative perceptions about the complainant. The court also said that the allegation that the complainant was handing over the people of Gujarat and its resources to foreign interests was a serious attack on her integrity and public service. On 1 July 2024, the magisterial court convicted Patkar under Section 500 (defamation) of the Indian Penal Code, sentenced her to five months' simple imprisonment and imposed a fine of Rs 10 lakh on her. The case was filed in reference to a defamatory press release issued against Patkar on 24 November 2000 by Saxena in his capacity as president of the National Council of Civil Liberties.