Social activist Medha Patkar received relief from a Delhi sessions court on Tuesday after it modified her five-month simple imprisonment sentence in a defamation case and released her on probation for good conduct. The case was filed by Delhi Lieutenant Governor V K Saxena, stemming from a two-decade-old legal battle.
While the court upheld Patkar’s conviction, it ruled that the nature of the offence did not merit a jail term. Additional Sessions Judge Vishal Singh observed that given Patkar’s age, her lack of prior convictions, and the nature of the offence, she could be released on probation. The court emphasized the principle of proportionality in sentencing and found imprisonment to be excessive.
Patkar, 70, has been ordered to deposit a fine of ₹1 lakh and furnish a probation bond of ₹25,000 along with a surety of the same amount. The probation will remain in effect for one year.
The case dates back to November 24, 2000, when Saxena, then president of the NGO National Council of Civil Liberties, filed a defamation case against Patkar. He alleged that a press note issued by Patkar contained false and malicious accusations, including labeling him a “coward,” alleging his involvement in hawala transactions, and accusing him of “mortgaging” Gujarat’s resources to foreign interests. The statements, he argued, were intended to harm his reputation.
The court agreed with the claims and noted that Patkar, being a reputed public figure, should have been more conscious of the power and consequences of her words. “An insensitive approach towards others’ reputation and abuse of the right to free speech must be met with criminal sanction,” the court remarked.
While the magisterial court had initially sentenced her to five months’ simple imprisonment and imposed a ₹10 lakh fine on July 1, 2024, the sessions court reduced the fine to ₹1 lakh, calling the original amount disproportionate to the gravity of the offence.
Patkar’s counsel had requested that she be allowed to appear via video conferencing due to age-related ailments, a plea the court accepted. Her legal team argued for leniency, citing her longstanding social service and health conditions.
Despite the court’s stern observations on defamation, the relief granted to Patkar marks a notable development in the high-profile case that has spanned nearly 24 years.
Sources By Agencies