HC upholds conviction of Patkar in 2000 case
Justice Shalinder Kaur said the trial court order, against which Patkar approached the high court, did not require any interference as the challenge was "more in the nature of hair-splitting and hinged on technicalities.
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HC pointed out that in the appeal, Patkar did not even refer to the text and context of the defamatory press note that had triggered the defamation suit as it alleged Saxena was "mortgaging" the people of Gujarat and their resources to foreign interests, prompting the trial court to declare it a direct attack on his integrity and public service.
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"The record suggests that the essential ingredients of Section 499 of the IPC are clearly made out.
The imputations made were specific, published in the public domain, and caused harm to the reputation of the respondent," HC noted in its order, saying it found no illegality in the conclusions reached by the trial court.
Saxena, through advocates Gajender Kumar, Kiran Jai and Chandra Shekhar, backed the trial court's decision, arguing that Patkar failed to demonstrate any defects in the procedure followed or any error in law.
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They contended there was no illegality or material irregularity in the findings of the trial court and added that the order of conviction was passed after due consideration of evidence and the applicable law.
Saxena filed the case 23 years ago when he was heading an NGO in Gujarat.
HC also upheld the order on the sentence, where Patkar was released on "probation of good conduct," and said it did not require any interference but modified the condition of probation imposed by the trial court, requiring Patkar to appear before the trial court once every three months.
HC allowed her to either appear physically or through video conferencing or be represented through a lawyer during the appearances.
By way of a separate order, Justice Kaur also dismissed Patkar's plea seeking to introduce and examine an additional witness to prove her defamation case lodged against Saxena. The Narmada Bachao Andolan functionary, represented by senior advocate Sanjay Parikh, challenged the April 2 sessions court order upholding her conviction handed out by a magisterial court in the case.
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