VK Saxena defamation case: Medha Patkar's appeal unsigned, not maintainable replies Delhi LG

New Delhi [India], September 4 : Delhi Lieutenant Governor VK Saxena filed a reply on Wednesday to the appeal moved by social activist Medha Patkar, asserting that the appeal is not maintainable and should be dismissed as it was not signed by the appellant herself in the defamation case.
It was also stated that a false affidavit had been filed in support of the appeal, which itself constitutes grounds for its rejection.
VK Saxena's counsel urged the court to ask Medha Patkar to surrender.
Additional Sessions Judge Vishal Singh took on record the reply filed by Saxena's counsel.
Judge Singh also noted the argument raised by Saxena's counsel, Gajinder Kumar, that the appeal petition filed by Medha Patkar was dated July 24, 2024, but was not submitted to the court until July 27.
Kumar further submitted that the petition was not signed by Patkar personally but by her counsel.
He also pointed out that Medha Patkar had submitted an affidavit dated July 17, 2024, sworn and notarised in Madhya Pradesh, which predated the appeal petition. Therefore, it could not be assumed that the present appeal was filed by the appellant herself.
It was also argued that the appeal could not be deemed to have been filed on July 27 and, therefore, could not be considered a pending appeal. As a result, the appellant would not be eligible for the benefit of the suspension of sentence order passed by the court on July 29.
On the other hand, the appellant, Medha Patkar, submitted that the appeal had been prepared under her instructions by her counsel, and she had the final draft with her when she swore the affidavit on July 17, 2024. The appeal was filed electronically on July 24, 2024, and physically in the court on July 27.
After hearing the submissions, the court noted the possibility of confusion regarding the content of the appeal filed in court with the accompanying affidavit. To clarify this, the court deemed it appropriate to require the appellant to send an e-copy of the appeal, affirmed by her as correct, from her personal email ID to the court's official email ID within seven days.
On the request of Saxena's counsel, the court deferred ruling on the validity and genuineness of the appeal, pending further legal arguments.
The matter has been listed for October 18, with the court keeping open the legal issues raised by Saxena's counsel.
In July, the Saket court sentenced Medha Patkar to five months' imprisonment in the defamation case filed by VK Saxena. She was also ordered to pay Rs. 10 lakh in compensation to Saxena. The case, which pertains to the defamation of Saxena, was decided after 24 years.