Application filed to oppose Medha Patkar`s plea in SC
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Last Updated: Thursday, January 28, 2010, 19:12
  
New Delhi: Narmada Bachao Andolan activist Medha Patkar's plea in the Supreme Court for transfer of a criminal defamation case outside Gujarat has been opposed by the complainant on the grounds that she allegedly suppressed various material facts and documents.

The application filed by complainant V K Saxena, president of Ahmedabad-based NGO National Council for Civil Liberties (NCCL), who has opposed her plea for transfer of the case to Delhi, sought the permission of the court to place evidence on record to substantiate his allegations.

He has sought to produce documents to prove that the main purpose of shifting the case to Delhi was to linger the proceedings on one or the other "false grounds" as has been done by her in other cases which were transfered from Gujarat.

The NBA leader has sought transfer of the case filed by Saxena in a Gujarat in 2006 for her allegedly defamatory remarks during a TV debate pertaining to Sardar Sarovar Project.

In the application, while opposing Patkar's plea, he gave reference of another defamation case which was transferred to Delhi on her plea by the Supreme Court in which she sought exemption from personal appearance by allegedly placing false medical certificate from a hospital in Nandurbar, Gujarat.

The NCCL president submitted that the information gathered by his NGO under the RTI Act from the Nandurbar Police clearly stated that when she sought exemption from appearance in the Patiala House Court in New Delhi on March 3, 2009 on medical grounds, she had taken out procession on the NBA's demand to the office of the Collector.

Saxena had filed the complaint against Patkar on June 29, 2006 before Metropolitan Magistrate Gheekanta, Ahmedabad, accusing her of making a false statement that he received civil contracts related to the SSP in the name of NCCL.

The NBA activist has told the Supreme Court that she was seeking transfer of a criminal defamation case against her outside Gujarat as there was a threat to her life in the state from the members of the NGO.

Patkar, a Magsaysay award winner, has sought transfer of the case to Delhi, contending that the apex court had earlier shifted proceedings of another defamation case filed in Ahmedabad against her by Saxena. The case is pending before a Metropolitan Magistrate's court here.

She has alleged that Saxena's complaint was politically motivated as he was antagonistic to her ideology and her work. She claimed that he was instrumental in publishing many defamatory advertisements against her and NBA in various dailies for which she filed a defamation case in Delhi.

The activist submitted that instead of her, it was Saxena who had made several defamatory allegations against her and the NBA in the television programme in which both had participated over telephone.

Patkar and Saxena are locked in five criminal cases against each other. The NBA activist has registered three cases against Saxena.

PTI


First Published: Thursday, January 28, 2010, 19:12


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