Delhi court acquits Medha Patkar, cites lack of proof in defamation case

The court concluded that the complainant's evidence fell short of the legal threshold required for conviction and that Patkar was entitled to the benefit of doubt

A Delhi court on Saturday acquitted activist Medha Patkar in a criminal defamation case that dated back nearly two decades and was filed by Delhi Lieutenant Governor V K Saxena.

 

The verdict was delivered by Judicial Magistrate First Class Raghav Sharma of the Saket Courts, who held that the complainant failed to establish the essential ingredients of the offence under Section 500 of the Indian Penal Code.

Case traced to a 2006 TV programme

The case arose from an episode of India TV’s programme Breaking News aired on April 20, 2006, during which Saxena, then president of the National Council of Civil Liberties, alleged that Patkar made defamatory remarks against him.

 

 

Saxena claimed that Patkar accused him on air of receiving civil contracts related to the Sardar Sarovar project and asserted that such remarks damaged his reputation. He said a legal notice was issued seeking proof and a copy of the material referred to during the broadcast, but no response followed, leading to the filing of the complaint.

 

The case was initially instituted in Ahmedabad and was transferred to Delhi in 2010 on the directions of the Supreme Court.

Court finds core allegation unproven

In its findings, the court identified the first and most crucial issue as whether Patkar made the alleged statements during the broadcast.

 

“In view of the evidence appraised above, the fact in issue no.1 - that the accused made the impugned statements - remains unproved,” the court said.

 

It added, “Facts in Issue Nos.2 and 3 are dependent on the existence of Fact in Issue No.1, which itself remains unproved, therefore, no question arises regarding their proof and they also remain unproved.”

Failure to prove electronic evidence

A key part of the judgment dealt with the electronic footage relied upon by the complainant. The court noted that the original recording device or a copy of the raw footage was never produced during the trial.

 

“Neither the device recording the original footage of the accused nor a copy thereof has been tendered in evidence,” the court said.

 

The court also examined whether the video footage placed on record could be relied upon without compliance with statutory requirements under the Indian Evidence Act.

 

“No certificate under Section 65B was tendered by the complainant. Therefore, the footage is inadmissible in evidence,” the order stated.

 

Even otherwise, the court said the material was insufficient to establish the allegation.

 

“Even if these footages had been admissible, they would still not prove that the impugned statements were made by the accused, as the original footage recording the accused speaking has not been produced,” the court held.

Acquittal ordered

After assessing the evidence as a whole, the court concluded that the complainant had failed to meet the required legal threshold.

 

“It is hereby held that the complainant has failed to prove its case beyond reasonable doubt against the accused. Accused Medha Patkar is hereby acquitted for the offence punishable under Section 500 of the IPC,” the court ordered.