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A Delhi court docket on Friday adjourned a listening to within the 23-year-old defamation case filed by Delhi Lieutenant Governor V Okay Saxena in opposition to activist Medha Patkar. The Periods Court docket in Saket will now hear Patkar’s arguments on November 14.
On July 29, the Periods Court docket, which was listening to the case, suspended the five-month imprisonment sentence awarded to Patkar. The court docket additionally requested Saxena to file a reply on the attraction filed by Patkar in opposition to her sentence which was awarded to her by a Justice of the Peace Court docket in Saket.
Saxena mentioned, in his reply, that the attraction was not maintainable and liable to be dismissed on the “sole floor that it’s not signed by the Appellant (Patkar) and is filed solely beneath the signatures of the counsel.” The Delhi L-G additionally mentioned the attraction was not maintainable because it was filed beneath “incorrect provisions”.
“…the mentioned attraction is arising from the criticism which was filed and your complete trial was performed beneath the provisions of CrPC [Code of Criminal Procedure]…therefore, the identical shouldn’t be maintainable beneath part 415(3) of Bharatiya Nagarik Suraksha Sanhita, 2023…,” he mentioned in his reply.
Whereas sentencing Patkar, Judicial Justice of the Peace (First Class) Raghav Sharma on July 1 ordered a one-month suspension of the sentence beneath Part 389(3) of the CrPC to permit Patkar to file an attraction in opposition to the judgment. Patkar was convicted by the Delhi court docket on Might 24 within the defamation case.
Alternatively, Patkar’s counsel earlier argued there was no proof that the 2000 press observe was despatched to Saxena by her. Her counsel additionally argued that the e-mail by means of which Saxena acknowledged he acquired the press observe was not introduced on report.
Lower than a month later, Extra Periods Decide Vishal Singh suspended her sentence, and granted bail to Patkar. ASJ Singh directed her to furnish bail bonds of Rs 25,000, and issued discover to Saxena searching for his reply on September 4.
Saxena, who was then the chief of Ahmedabad-based NGO Nationwide Council for Civil Liberties, printed an commercial in 2000 in opposition to Patkar’s Narmada Bachao Andolan, which opposed the development of dams over the Narmada River. Patkar then allegedly issued a ‘press discover’ in opposition to Saxena.
A defamation go well with was filed in opposition to Patkar in an Ahmedabad court docket in 2001. Two years later, the case was transferred to Delhi on the Supreme Court docket’s instructions.
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