Defamation case against VK Saxena: Court junks Medha Patkar's plea for new witness
New Delhi, Mar 18 (PTI): A Delhi court on Tuesday dismissed a plea of activist Medha Patkar to examine a new witness in her 2000 defamation case against Delhi Lieutenant Governor V K Saxena and said the judicial process couldn't be "held hostage to such tactics".
The Narmada Bachao Andolan leader filed the case against Saxena when he headed an NGO in Gujarat for allegedly publishing a defamatory advertisement.
Judicial magistrate Raghav Sharma noted that present case was pending for 24 years, and the complainant had already examined all the witnesses listed initially at the time of filing of the complaint.
"The judicial process cannot be held hostage to such tactics, especially in a case that has already been pending for over two decades," the judge said.
Patkar, he observed, previously filed a plea to summon additional witnesses, yet she did not mention the present witness in that application.
"If this witness was truly material to her case, she would have either included them in the original list of witnesses or, at the very least, mentioned them in the earlier application for additional witness. The fact that this witness has surfaced only now, after all of the complainant's witnesses have been examined, raises serious doubts about the genuineness of this request," the judge said.
The court said neither the complainant nor any of her witnesses referred to the witness sought to be summoned at any stage of the trial.
"If this witness was genuinely relevant, his/her name or role in the case would have been mentioned at some point during the last 24 years of proceedings. The complete absence of any reference to this witness further suggests that it is an afterthought, possibly introduced to bolster the complainant's case artificially," the judge said.
Patkar, said the court, further did not provide any explanation as to when, how, or under what circumstances she learnt about the witness.
If she was aware of the witness from the outset, she offered no justification for the prolonged delay in summoning them, the judge said.
"This lack of explanation further weakens the credibility of her request," the court added.
He said that allowing such applications without proper justification would set a dangerous precedent.
The order said if parties were permitted to introduce new witnesses arbitrarily at a belated stage, trials would become never-ending.
Patkar moved the application on February 17 seeking to examine an additional witness, Nandita Narain, saying she was "relevant to the facts in the present matter".
Saxena's counsel Gajinder Kumar opposed the plea, saying it was filed after a gap of 24 years to delay the judicial proceedings and defeating the ends of justice.
Patkar and Saxena have been locked in a legal tussle since 2000 after she filed the present suit against him for publishing advertisements against her and the Narmada Bachao Andolan.
Saxena, who then headed an Ahmedabad-based NGO Council for Civil Liberties, also filed two cases against Patkar in 2001 for allegedly making derogatory remarks against him on a TV channel and for issuing a defamatory press statement.
In one of the cases filed by Saxena, a Delhi court on July 1 last year sentenced Patkar to five months' simple imprisonment.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
