Court notice to NBA leader Medha Patkar in defamation cases

A Delhi court today issued a notice to Narmada Bachao Andolan (NBA) leader Medha Patkar asking her why she would not be prosecuted for perjury for allegedly filing fake medical certificate to seek exemption from personal appearance in two criminal defamation cases.

Metropolitan magistrate Munish Markan asked Patkar to file her response on March 31 to the plea of complainant VK Saxena, president of National Council for Civil Liberties (NCCL), who has sought her prosecution under the IPC. 

Patkar, who was present in the court today, did not appear on March 3, 2009, the last date of hearing and had sought exemption from personal appearance on the ground that she was ill.

Patkar had furnished a medical certificate issued by medicare hospital in Maharashtra. 

Saxena, in his application, has qustioned the veracity of the medical report claiming that on the day, she was busy staging a 'dharna' at the collector's office at Nandurbar in Maharashtra.

The complainant, which sought Patkar's prosecution on the charge of giving false evidence in judicial proceedings, also filed the response, received under the RTI from a public information officer, allegedly confiriming her presence in the protest.

Two cases, one filed by Patkar and another by Saxena against each other, are pending in the court.

The NBA activist had filed a criminal defamation case in Delhi against Saxena in 2000 for allegedly publishing advertisements against her and the activities of NBA.

Saxena had also filed a criminal defamation case against Patkar in Ahmedabad in 2001 for accusing him of making payments through cheques to an NGO in Malegaon in Maharashtra.

Both the cases were transferred to Delhi by the Supreme Court on Patkar's plea.

Earlier on April 7, 2003, the court had dismissed Patkar's complaint for her non-appearance, which was revived on September 1, 2006 after she approached the Delhi high court. Both the cases are at pre-summoning stage.
   
Patkar and Saxena are locked in a legal battle relating to five criminal cases filed by them against each other. The NBA activist has registered three cases against Saxena.

Patkar had sought transfer of other cases contending that there was a threat to her safety in Gujarat because of her stand against SSP and the "role" of Gujarat government in post-Godhra riots.

She has also referred to the incident of April 7, 2002 when she was attacked at Gandhi Ashram, Ahmedabad, where she had gone to attend a peace meeting after the carnage.