Delhi Court Acquits Medha Patkar in Defamation Case Filed by Lieutenant Governor VK Saxena
A court in New Delhi has acquitted prominent social activist Medha Patkar in a defamation case filed by Delhi Lieutenant Governor VK Saxena. The case dates back to 2006 when Saxena, who was then heading a non-governmental organization in Gujarat, initiated legal proceedings against Patkar.
Court Cites Lack of Evidence and Procedural Issues
Judicial Magistrate Raghav Sharma dismissed the charge under Section 500 of the Indian Penal Code, ruling that the complainant failed to establish that Patkar had made or published the alleged defamatory statements. The court emphasized that the prosecution could not prove the authenticity of the audio-video footage presented as evidence.
The court observed, "Without such original footage or the device recording the same being brought on record, the fact that the accused made the impugned statements remains unproved." This critical finding highlighted the evidentiary gaps in the case.
Background of the Defamation Complaint
The complaint was filed by Saxena, alleging that on April 20, 2006, during a live television program called 'Breaking News' on India TV, Patkar had made defamatory statements against him. Saxena claimed that anchor Rajat Sharma played a video clip containing these remarks during the broadcast.
In response, Saxena had denied the allegations on air, asserting that he never received any civil or other contract from the Sardar Sarovar Project as claimed by Patkar. He later sent her a legal notice seeking the CD mentioned in the clip and filed the complaint after receiving no response from her.
Key Testimonies and Evidentiary Challenges
The court noted that the central dispute between the parties revolved around whether Patkar was actually a panellist on the program or whether only her pre-recorded audio-video footage was played. This ambiguity was compounded by "continuous changes" in Saxena's testimony, where he later claimed both were panellists, rendering the prosecution's version doubtful.
This doubt was reinforced by the testimony of Nirmay Kapoor, senior associate editor at India TV, who deposed that only Patkar's audio-video footage was played, lasting "14 seconds and 38 to 40 seconds." Kapoor added that the original mini DVD was never in his possession.
The court held that since Kapoor had neither possessed the original device nor controlled the archive, the clip was inadmissible under Section 65B of the Indian Evidence Act. The court further pointed out, "Even if the footage were admissible, it would still not establish the allegation as the complete recording was absent."
Comparison with Previous Legal Proceedings
This acquittal stands in contrast to a separate defamation case involving Saxena and Patkar. In August 2025, the Supreme Court had confirmed the conviction of the Narmada Bachao Andolan activist in that case, highlighting the complex legal history between the two parties.
The court also noted that none of the reporters who originally recorded the impugned audio-video was examined as a witness, further weakening the prosecution's case. This lack of firsthand testimony contributed to the decision to acquit Patkar.
Gajinder Kumar, Saxena's counsel in the current case, had submitted arguments regarding the video clip played during the program. However, the court found these arguments insufficient to overcome the evidentiary hurdles presented by the defense.
The ruling underscores the importance of robust evidence and procedural integrity in defamation cases, particularly when involving high-profile individuals and historical events.
