SC Confirms Medha Patkar’s Defamation Conviction; Waives ₹1 Lakh Penalty

The Bench of Justice M.M. Sundresh and Justice N.K. Singh was hearing Patkar’s challenge to a July 2024 Delhi High Court judgment that had affirmed her conviction.

Senior counsel appearing for Patkar argued there was no direct evidence linking her to the press note at the Centre of the case, except for her name appearing at the bottom, and that without compliance with Section 65B of the Evidence Act, the electronic evidence was unproved.

The Bench said it was “not inclined to interfere” with the conviction and proceeded to consider the sentence.

While removing the supervision order and waiving the penalty, the Court confirmed the conviction. It also extended time for furnishing the bond by two weeks’.

Notably, on July 15, the High Court had reserved its verdict on the plea filed by Patkar challenging her conviction and sentence.

Court had reserved the verdict after briefly hearing arguments made by Senior Advocate Sanjay Parikh appearing on behalf of Patkar and Advocate Gajinder Kumar representing LG V.K. Saxena.

In the case, Patkar was convicted of criminal defamation and sentenced to up to 5 months in simple imprisonment along with compensation. The case stemmed from a suit filed by Lieutenant Governor V.K. Saxena claiming that Patkar had made defamatory statements on television aimed at ruining Saxena's reputation.

In the previous hearing, Senior Advocate Parikh submitted that, per the provision, they can examine witnesses who were not included in the original witness list. On April 25, the court granted interim relief to Patkar by suspending her sentence after she was arrested for failing to comply with the probation conditions set by the Sessions Court.

It is to be noted that on April 23, a Delhi Court had issued non-bailable warrants (NBWs) against Medha Patkar for failing to appear and comply with the sentencing order passed in the criminal defamation case. Additional Sessions Judge (ASJ) Vishal Singh of the Saket Courts observed that Patkar had deliberately failed to comply with the April 8 sentencing order, which had granted her the benefit of probation subject to furnishing compensation.

Patkar was convicted under Section 500 of the Indian Penal Code for criminal defamation in a case dating back to 2001. The case was filed by V.K. Saxena, who was then heading an Ahmedabad-based NGO, alleging that Patkar had made defamatory statements against him in a press note titled "True Face of Patriot." She was sentenced to five months’ imprisonment and directed to pay Rs. 10 lakh as compensation, with the sentence suspended pending appeal. However, she failed to adhere to the Court’s directions for availing the benefit of probation.