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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IPL final shifted for bigger stadium, not ticket issue: Shivakumar
Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Wednesday rubbished allegations that the IPL final venue was shifted from Bengaluru to Ahmedabad due to the distribution of tickets to MLAs.
Speaking to reporters, Shivakumar said the reason for the shift could be the availability of a larger stadium in Ahmedabad.
“Ahmedabad has a large stadium and can accommodate more spectators. That must be the reason the IPL final was shifted there. There is no connection between ticket distribution to MLAs and the venue change,” he said.
When asked about reports linking the venue shift to MLAs demanding tickets, he quipped, “In some places, 50 per cent of tickets are reserved.”
When reporters said the BCCI had indicated that the decision was linked to ticket issues, he responded, “Let them make such statements. I will respond appropriately.”
Bengaluru was originally expected to host the final as the Royal Challengers Bengaluru were the defending champions.
Ahmedabad will host the IPL final for a second successive season on May 31, the BCCI announced earlier in the day, while allotting Qualifier 1 to Dharamsala and two other playoff games to New Chandigarh.
The board, however, said the final venue was shifted “owing to certain requirements from the local association and authorities that were beyond the scope of BCCI’s established guidelines and protocols.”
Shivakumar declined to comment on the revocation of the suspension of Muslim leaders in Davanagere, saying it was a party decision.
Regarding the removal of MLC Naseer Ahmed as CM Siddaramaiah’s political secretary, he said the chief minister had already spoken on the matter.
“The CM has his own information. Party office-bearers have provided guidance. He was given certain responsibilities, which he did not handle properly, which is why he was removed,” Shivakumar said.
On MLC Abdul Jabbar, who resigned as the state Congress minority cell chief and was later expelled from the party, he said Jabbar had submitted his resignation, which the party accepted.
The Congress in Karnataka faced internal dissent in April when several Muslim leaders objected to the party fielding Samarth Shamanur as its candidate for the recently held Davanagere South Assembly bypoll.
They demanded that a Muslim candidate be fielded, citing the constituency’s substantial Muslim population. The party subsequently took disciplinary action against three leaders, including Jabbar and MLC Ahmed.
When asked about his and the CM’s visit to Delhi, he said, “We will go when the high command calls us. It is not appropriate to go without being called.”
On Congress supporting TVK in Tamil Nadu, Shivakumar said the decision was taken to keep the "BJP out of power and strengthen secular forces." Elections to the 234 Assembly constituencies were held on April 23, and the results were announced on May 4.
The Congress party, a long-time ally of the DMK, announced its support for TVK to form a government in Tamil Nadu and severed ties with the Dravidian major.
The incumbent DMK was trounced by the fledgling Tamilaga Vettri Kazhagam, led by Vijay, who secured 108 seats. “Despite pressure from the AIADMK and BJP, TVK did not align with them. Our party has taken this decision in the interest of secular forces and the welfare of Tamil Nadu,” Shivakumar said.
