Delhi Court Grants Medha Patkar Probation for One Year, Lowers Fine
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Synopsis
A New Delhi court has ordered Medha Patkar to serve one year of probation following her conviction in a defamation case brought by Delhi Lt Governor V.K. Saxena, reducing her fine and releasing her from imprisonment.
Key Takeaways
- Medha Patkar sentenced to one year probation.
- Original sentence included five months imprisonment and Rs 10 lakh fine.
- Probation contingent on a deposit of Rs 1 lakh.
- Monitoring by District Probation Officer every three months.
- Patkar is a prominent activist with age-related health issues.
New Delhi, Apr 8 (NationPress) A court in the capital on Tuesday granted social activist Medha Patkar probation for good conduct lasting one year in a longstanding defamation case brought forth by Delhi Lt Governor V.K. Saxena.
Additional Sessions Judge (ASJ) Vishal Singh of the Saket Courts altered the previous ruling which had sentenced Patkar, the leader of the Narmada Bachao Andolan (NBA), to five months of simple imprisonment, in addition to ordering her to pay Rs 10 lakh as compensation for damaging Saxena's reputation.
The appellate court mandated Patkar's release on probation for a year, contingent upon the deposit of Rs 1 lakh as compensation, which will be allocated to the complainant (Saxena).
"The convict/appellant is not immediately sentenced and has been granted the benefit of release on probation of good conduct. Should she commit an offense during the probation period, the convict will appear before the Court to serve a lawful sentence for the current conviction," stated the court.
Additionally, Patkar must present a probation bond of Rs 25,000 along with one surety of the same amount, and the District Probation Officer of Saket Courts is required to submit an initial probation report within 10 days of the bond's filing.
According to the new order, the District Probation Officer has been tasked with monitoring Patkar's activities and must submit a periodic probation/supervision report every three months.
"The convict will also need to appear before the Trial Court every three months during the review of the probation reports filed by the District Probation Officer, Saket Courts," it added.
The court acknowledged the argument that Patkar, a prominent social activist, suffers from various age-related health issues. It noted that an insensitive approach towards others’ reputation and the abuse of free speech must incur criminal penalties, emphasizing that Patkar, as a person of repute herself, should understand the significance of reputation and the impact of defamation on an individual's public standing.
"The convict is an elderly woman, and there have been no prior convictions against her. There is no justification to deny her the benefit of probation," it remarked.
Last week, the court rejected Patkar’s appeal contesting her conviction in the defamation case.
Previously, on July 1, a Metropolitan Magistrate, Raghav Sharma, had sentenced her to five months in jail and mandated a compensation fee of Rs 10 lakh to Saxena. Advocate Gajinder Kumar, supported by advocates Kiran Jai, Chandra Shekhar, Drishti, and Somya Arya, represented Saxena in the case.
The defamation case traces back to 2001 when Saxena -- then the head of the Ahmedabad-based NGO National Council for Civil Liberties -- initiated two defamation suits against Medha Patkar. One suit concerned allegedly derogatory comments made during a television interview, while the other was related to a press statement. This legal battle arose from a previous lawsuit filed by Medha Patkar in 2000, in which she accused Saxena of publishing defamatory advertisements targeting her and the Narmada Bachao Andolan.
