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Application filed to oppose Medha Patkar's plea in Supreme Court

Atul Patankar

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Atul Patankar

As reported at http://www.dnaindia.com on January 28, 2010


New Delhi: Narmada Bachao Andolan activist Medha Patkar's plea in the Supreme Court for transfer of a criminal defamation case outside Gujarat has been opposed by the complainant on the grounds that she allegedly suppressed various material facts and documents.


The application filed by complainant VK Saxena, president of Ahmedabad-based NGO National Council for Civil Liberties (NCCL), who has opposed her plea for transfer of the case to Delhi, sought the permission of the court to place evidence on record to substantiate his allegations.


He has sought to produce documents to prove that the main purpose of shifting the case to Delhi was to linger the proceedings on one or the other "false grounds" as has been done by her in other cases which were transfered from Gujarat.


The NBA leader has sought transfer of the case filed by Saxena in a Gujarat in 2006 for her allegedly defamatory remarks during a TV debate pertaining to Sardar Sarovar Project.


In the application, while opposing Patkar's plea, he gave reference of another defamation case which was transferred to Delhi on her plea by the Supreme Court in which she sought exemption from personal appearance by allegedly placing false medical certificate from a hospital in Nandurbar, Gujarat.


The NCCL president submitted that the information gathered by his NGO under the RTI Act from the Nandurbar Police clearly stated that when she sought exemption from appearance in the Patiala house court in New Delhi on March 3, 2009 on medical grounds, she had taken out procession on the NBA's demand to the office of the collector. Saxena had filed the complaint against Patkar on June 29, 2006 before metropolitan magistrate Gheekanta, Ahmedabad, accusing her of making a false statement that he received civil contracts related to the SSP in the name of NCCL.


The NBA activist has told the Supreme Court that she was seeking transfer of a criminal defamation case against her outside Gujarat as there was a threat to her life in the state from the members of the NGO.


Patkar, a Magsaysay award winner, has sought transfer of the case to Delhi, contending that the apex court had earlier shifted proceedings of another defamation case filed in Ahmedabad against her by Saxena. The case is pending before a metropolitan magistrate's court here.


She has alleged that Saxena's complaint was politically motivated as he was antagonistic to her ideology and her work. She claimed that he was instrumental in publishing many defamatory advertisements against her and NBA in various dailies for which she filed a defamation case in Delhi.


The activist submitted that instead of her, it was Saxena who had made several defamatory allegations against her and the NBA in the television programme in which both had participated over telephone.


Patkar and Saxena are locked in five criminal cases against each other. The NBA activist has registered three cases against Saxena.


Source: Application filed to oppose Medha Patkar's plea in Supreme Court - dnaindia.com

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Atul Patankar

HC notice to Patkar on plea seeking prosecution for perjury


The Delhi High Court has issued notice to Narmada Bachao Andolan (NBA) leader Medha Patkar on a petition seeking her prosecution for allegedly filing "fake" medical certificate to seek exemption from personal appearance in two criminal defamation cases.


Justice Siddharath Mridul asked the NBA leader to respond to the petition filed by V K Saxena, President of an NGO, National Council for Civil Liberties (NCCL), challenging the order of a trial court dismissing his application.


A trial court here had on March 31 dismissed the plea of Saxena who sought prosecution of Patkar for perjury for allegedly filing fake medical certificate to ensure exemption from personal appearance in defamation cases filed by them against each other.


The NCCL chief in his petition before the High Court, sought quashing of the metropolitan magistrate's order saying that the trial court had wrongly denied him adjournment as his counsel was not available on the day and it resulted in "gross injustice".


"The Magistrate has shown exemplary haste in disposing of application and even did not allow one-day adjournment to get the case argued through a senior counsel," he said.


The petitioner has also sought an inquiry into the matter to ascertain the truth about the medical certificate used by Patkar in the case.


"Respondent (Patkar) has deliberately, intentionally, dishonestly and with a view to mislead the court lied simultaneously in two cases to deliberately derail the due process of justice by filling false, fabricated certificate of her illness.


"However, the learned Magistrate failed to appreciate the efforts made by the petitioner (Saxena) to expose the lies of Patkar and instead of ordering an inquiry to ascertain the truth he dismissed the application, which has caused gross injustice," he said.


According to the petitioner, Patkar did not appear before a court March 3, 2009, and had sought exemption from personal appearance on the ground that she was ill by allegedly filing "fake" medical certificate which was issued by a hospital in Maharashtra.


Saxena, in his application, had questioned 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.


He claimed that according to a reply received from Public Information Officer of the Superintendent of Police office at Nandurbar in response to an RTI application clearly established that Patkar was medically fit and was present in the Collector's office on the day.


As reported by hindustantimes.com on May 27, 2010

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