New Delhi/Ahmedabad: A local metropolitan court in Delhi today issued non-bailable warrant (NBW) against social activist and leader of Narmada Bachao Aandolan Medha Patkar and refused to allow exemption to her from personal appearance before it in defamation case filed by by V K Saxena, the President of Ahmedabad based NGO, National Council for Civil Liberties (NCCL), who is presently also the Chairman of Khadi and Village Industries Commission (KVIC).

Saxena himself pleaded his case and when a lawyer, appeared before the Court of the Metropolitan Magistrate Vikrant Vaid in Saket, New Delhi as a proxy lawyer of Patekar allegedly without a proper authorisation, the court not only rejected exemption application but also directed to issue a non-bailable warrant (NBW) against her – for not appearing in the Court despite court order.

When the Court asked Madan , that is he authorised to plead on behalf of Medha Patkar in the defamation case, the lawyer introduced him as a ‘proxy’ advocate in place of V K Ohri, the bonafide counsel of the Patkar. The ‘proxy’ advocate, however, had filed an application for exemption on the ground that she could not get reservation to come to the Court and sitting on Dharna in Badwani (MP).

Irked with this dilly-dallying excuses made by Patkar and her lawyers on several occasions – seeking leniency on false grounds, Saxena, who was present in the Court, requested the court for granting permission to raise certain objections to oppose the exemption application, which was granted by the court. Pleading himself, Saxena informed the Court that if she had any plan to come to appear before the Court, she could have taken reservation in the month of March itself as last date for this case was March 28, 2017. “It is not a new excuse from Ms Patkar as she had used this plea of non-availability of reservation in the train on number of occasions. She has even tried to hoodwink the judicial system by producing false medical certificates for seeking exemption from the Court which is also on record,” he argued.

Saxena also pleaded that the Court should also impose exemplary cost on Patkar in both the cases – in which he is complainant. He also pleaded that considering Patkar’s shilly-shallying approach in these cases, the court should also dismiss the case of defamation “on default” that Patkar had filed against him.

Interestingly, when the Magistrate inquired about the place of Dharna and reason for Dharna of Patkar, the proxy Advocate could not give a proper reply. Considering the ‘proxy’ lawyer unauthorised in the case, the court ordered to issue a non-bailable warrant against Patkar. Proxy advocate pleaded for leniency, which too was dismissed by the court on the ground that court can not take cognizance on the plea of unauthorised person .

The next date of hearing in this case has been fixed for July 10.

Notably, the two parties are in a long drawn legal battle in the matter since year 2000. Patkar had filed a defamation suit against saxena for giving advertisement in news papers against her alleging that he had done so to get contract in the Narmada project. Later Saxena filed two defamation suits against her.

Court had on earlier occasions also issued NBW’s against Patkar and even imposed cost for here non-appearance without a suitable reason.

DeshGujarat