SC Refuses to Entertain Patkar’s Plea for Additional Witness in Delhi LG Defamation Case

New Delhi: The Supreme Court on Monday declined to entertain a plea by NGO operator Medha Patkar seeking permission to examine an additional witness in a 25-year-old defamation case against Delhi Lieutenant Governor VK Saxena, and instead allowed her to withdraw the appeal.

Patkar had challenged a Delhi High Court order of July 29, which upheld a trial court decision refusing her request to bring in another witness. A bench of Justices M.M. Sundresh and Satish Chandra Sharma, while indicating it did not wish to intervene, advised both sides to end the prolonged litigation. “Move on. Why do you want to carry this case? We have already closed this case on merits. But with due respect to both of you, why don’t you put an end to this,” the bench remarked.

During the hearing, Patkar’s counsel S. Nagamuthu expressed concern that if the case ended in acquittal, Saxena might still pursue fresh defamation action. The court initially recorded an assurance that no new case would be filed, but Saxena’s counsel, senior advocate Maninder Singh, clarified that his client wished to keep all legal remedies open, pointing out that trial courts had repeatedly imposed costs on Patkar for delaying proceedings.

Ultimately, Patkar’s counsel sought to withdraw the appeal, which the court permitted. The case traces back to December 2000, when Patkar filed a defamation complaint against Saxena and others over a newspaper advertisement she said was defamatory. In March this year, a magistrate’s court rejected her request to examine an additional witness.

Notably, in a separate case, the Supreme Court last month upheld Patkar’s conviction in a 2001 defamation suit filed by Saxena, then head of the National Council for Civil Liberties (NCCL), which supported the Sardar Sarovar Dam Project. That case stemmed from a press release by Patkar alleging Saxena had covertly supported the Narmada Bachao Andolan by issuing a cheque that later bounced. The Delhi High Court had ruled the remarks defamatory and damaging to Saxena’s reputation. On August 11, the apex court confirmed her conviction but set aside the penalty of ₹1 lakh and the requirement for her to appear before the trial court every three months.