Medha Patkar challenges order of trial court refusing her to examine Nandita Narrain as witness

New Delhi [India], March 27 : Social activist Medha Patkar has challenged the trial court order not allowing her to examine Nandita Narrain as a witness in a defamation case against LG V K Saxena.
Justice Shalinder Kaur issued notice to respondent V K Saxena (Incumbent LG Delhi) on the petition and sought his response. The matter has been listed on May 20 for hearing. The High Court has not granted any stay on trial court proceedings. This matter is listed for hearing before the trial court tomorrow.
Medha Patkar has challenged the order passed by the trial court denying permission to examine the additional witness.On March 18, the Saket District court had rejected the plea seeking permission to examine Nandita Narrain as an additional witness in a defamation case against LG V K Saxena.
While rejecting the plea, the court said, "Allowing such applications without proper justification would set a dangerous precedent."
" If parties are permitted to introduce new businesses arbitrarily and at such a late stage, trail courts would become never ending, as litigants could continuously bring for new witnesses whenever it suits them, thereby prolonging proceedings indefinitely," the court had said in the order passed on March 18.
The court had further said that the judicial process cannot be held hostage to such tactics, especially in a case that has already been pending for two decades. The plea was strongly opposed by the counsel for LG Saxena and said that the plea is aimed at delaying the trial. This case pending since 2000.
Patkar had filed a defamation case against incumbent VK Saxena in the year 2000. Medha Patkar had moved an application through advocate Sridevi Pannikar and sought to examine one more witness, namely Nandita Narrain in support of her allegations of defamation against VK Saxena.
It was stated that Nandita Narrain is relevant witness in the present case. It was also stated the complainant Medha Patkar has examined three witnesses so far and on November 29, 2024, the Court had granted her time to examine whether there is requirement to examine any other witness.
On the other hand, advocate Gajinder Kumar, counsel for LG Saxena filed a reply and opposed the plea. It was contested that the application has been at a belated stage to further delay the trial which is pending for last 24 years.
Saxena's counsel had also argued that this case is pending since December 2000, Medha Patkar never mentioned the name of Nadita Narrain till now as witness of any relevance in the case. It was further argued that last opportunity has already been granted to the complainant to lead evidence. Now to cause inordinate and unjust delay this application has been filed.
While opposing the plea, it is stated by the court that grave prejudice shall be caused if complainant is allowed to introduce new witness and further prolong the trial even after almost 25 year and making the proceedings never ending.
The court had convicted Patkar last year in defamation case filed by V K Saxena against her. Her appeal against the conviction and sentence is pending before the court.