A metropolitan court on Monday rejected Delhi's Lieutenant Governor (L-G) Vinai Kumar Saxena's application seeking immunity from facing a criminal trial until he occupies his current post. Saxena is facing trial for allegedly assaulting Narmada Bachao Andolan activist Medha Patkar in 2002 at Sabarmati Ashram in Ahmedabad.
Additional metropolitan judge P N Goswami rejected Saxena's application. Two lawyers involved in the case said that the reason behind rejecting the application was not known as they were yet to get a copy of the order. Saxena is likely to challenge the order in Gujarat high court.
Saxena, two BJP MLAs Amit P Shah and Amit D Thaker, and a Congress leader Rohit N Patel are facing the charges of assaulting Patkar in 2002 at Mahatma Gandhi founded-Sabarmati Ashram where scores of civil rights activists and journalists had gathered for appealing peace in the wake of post-Godhra riots. The FIR was registered with Sabarmati police station accusing Saxena and three others for unlawful assembly, assault, wrongful restraint, criminal intimidation, among others charges.
In March, the Delhi L-G had moved an application requesting the court to keep his trial in abeyance till he continues to hold his current position. Saxena argued that criminal proceedings against him can't be continued till he continues to hold office of L-G in terms of article 361 of the constitution. Part-2 of the constitutions states, "no criminal proceedings whatsoever shall be instituted or continued against the president, or the governor of a state, in any court during his term of office." Saxena prayed that in view of the constitutional provision, the proceedings against him should "remain in isolation or abeyance" till he continues to occupy his current office "in the interest of Justice."
Saxena also argued that the status of Delhi L-G is greater than the state and union territory governors as "the governor of a state is selected by the central government and appointed by the president of India."
Meanwhile, Patkar opposed the application alleging that the post of Delhi L-G is only an "agent" of the President of India and hence he can't claim immunity. She has also alleged that the state government was "indirectly" helping Saxena by not filing any response to the application.
65-year-old Saxena became Delhi L G in May 2022. Previously, he was heading Khadi and Village Industries Commission (KVIC) as its chairman since 2015. He also runs an NGO-National Council for Civil Liberties (NCCL) through which he had taken on Patkar in the past. Patkar and Saxena have been at loggerheads over Sardar Sarovar Project and both have filed legal cases against each other.