THE SUPREME COURT TODAY refused to interfere with the Delhi High Court’s July 29 order upholding the conviction of Narmada Bachao Andolan leader and activist Medha Patkar in a criminal defamation case lodged in 2001 by Vinai Kumar Saxena, then head of the National Council for Civil Liberties (‘NCCL’) and presently the Lieutenant Governor of Delhi.
While the bench of Justices M.M. Sundresh and Nongmeikapam Kotiswar Singh affirmed Patkar’s conviction, they did set aside a ₹1 lakh penalty imposed on her by the trial court. The top Court also modified the probation order, which had required her periodic appearance, and instead permitted her to furnish bonds.
The trial court had earlier exempted her from a jail sentence by granting probation.
Senior Advocate Sanjay Parikh, appearing for Patkar, argued that the appellate court had disbelieved two key witnesses and that the email projected as crucial evidence was inadmissible as it lacked certification under Section 65B of the Indian Evidence Act. The bench, however, expressed reluctance to disturb the conviction, though it agreed to waive the penalty.
