Gujarat HC gives interim protection to Delhi L-G, stays criminal trial in Medha Patkar assault case

Delhi L-G V K Saxena. Credit: PTI File Photo

The Gujarat High Court on Tuesday granted interim stay on the criminal trial against Delhi Lieutenant Governor (L-G) Vinai Kumar Saxena who is facing charges of allegedly assaulting Narmada Bachao Andolan activist Medha Patkar in 2002 at Sabarmati Ashram in Ahmedabad.

Saxena moved the High Court after his plea seeking immunity from criminal proceedings was rejected by the trial court. He has sought relief on the ground that as an L-G he is protected from such proceedings under Article 361.

The vacation bench of Justice Moxa Kiran Thakker ordered the stay of the trial as interim relief to Saxena and issued notices to the state government and Patkar. The next hearing will take place on June 16 after summer vacation. The order came on a petition moved by Saxena through lawyer Ajay Choksi and argued by senior advocate Jal Unwalla.

Unwalla submitted in the court that Saxena was protected under Article 361 (2) and (3) of the Constitution. The court noted Unwalla's submission that even if the trial is concluded, the court wouldn't be in a position to send the applicant into custody in view of protection under the Constitution.

The court also noted Saxena's submission that "for 94 occasions trial was delayed due to applications" moved by complainant Patkar. The court said, "Even if the alleged offence is said to have been committed in his personal capacity, then also trial is required to be put in abeyance in view of immunity granted under section 361. In view of this aforesaid submissions, this court finds that the matter is required to be considered and notice is required to be issued," Justice Thakker said while granting relief to Saxena.

On May 8, the trial court of additional metropolitan judge P N Goswami rejected Saxena's application. The court held that when the incident had occurred, Saxena, the accused no 4, was not holding any government position and the trial continued even after he became the L-G of Delhi. The court said that neither Saxena nor the government filed any application to withdraw or stay the trial.

The court also remarked that if Saxena's application to stay the trial was allowed and the trial against three co-accused continued, all the 72 witnesses mentioned in the chargesheet will have to be examined once again. It said that such a move would result in "misery and hardship" for witnesses and delay the trial.

Saxena, two current 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 to appeal for peace in the wake of post-Godhra riots. The FIR was registered with the Sabarmati police station accusing Saxena and three others of unlawful assembly, assault, wrongful restraint, and criminal intimidation, among other charges.