Delhi Lt Governor moves Gujarat court to keep in abeyance trial in 2002 attack on Patkar

Ahmedabad: Delhi Lieutenant Governor VK Saxena has approached a court here in Gujarat with a request to keep a criminal trial against him in abeyance till he holds the top post that offers him immunity under the Constitution in a 2002 case of alleged attack on social activist Medha Patkar.

The trial in the case is going on at the court of Additional Metropolitan Magistrate PN Goswami in Ahmedabad and the matter will come up for hearing next on March 9.

Saxena, who became Delhi Lieutenant Governor (LG) in May 2022, and three others, including Gujarat Bharatiya Janata Party (BJP) MLA Amit P Shah, were booked for rioting, assault, wrongful restraint, criminal intimidation and intentional insult in connection with the 21-year-old case.

In his application before Additional Metropolitan Magistrate Goswami, Saxena prayed for the court to keep the trial against him in abeyance citing immunity granted to a Lieutenant Governor under Article 361 (1) of the Constitution.

The LG's lawyer Ajay Choksi said the application was filed on March 1.

Saxena said he has been defending himself against "motivated and frivolous" prosecution.

"The applicant (Lieutenant Governor) herein has been vigorously defending against the motivated, frivolous, vexations and vindictive prosecution since 2005, instituted upon the frolicsome complaint filed by Ms Medha Patkar," stated the plea.

"However, in the light of recent development as narrated above, the captioned criminal proceedings cannot continue till the applicant herein continues to occupy the office of the Lieutenant Governor, in terms of Article 361 of the Constitution of India," it stated.

Saxena stated that the prayer sought by him "is limited to the immunity under article 361 (1) of the Constitution, and the applicant does not wish and intend to point out, submit or demonstrate powers of governor or power of LG under the Constitution in the present application." The application has no connection with the provisions of the Government of NCT (National Capital Territory) of Delhi Act, 1991, or the Amendment Act, 2021, and may be "construed as independently in accordance with law," he said.

As per the case details, on March 7, 2002, a group of people protested against Patkar's presence at a peace meeting organized at the Gandhi Ashram in Ahmedabad in the backdrop of post-Godhra riots. They allegedly attacked the Narmada Bachao Andolan (NBA) leader and others.

Later, an FIR (first information report) was lodged against four persons, including Saxena, at the city's Sabarmati police station.

Patkar for years ran a campaign against construction of the Sardar Sarovar Dam on the river Narmada and faced criticism from the BJP for her agitations.

Advocate Choksi claimed Saxena was falsely named in the FIR as he had raised his voice against Patkar for her anti-dam campaign.