The impugned application was filed in connection with a hearing before this Court on 3rd March 2009 on which date Ms. Patkar could not be present before the Court. Defending the case of Patkar, senior advocate Shri VK Ohri informed the Court that no sooner did Mr Saxena file this application than he started a misinformation and vilification campaign against Patkar through various news papers.
This application was in the context of the cases of defamation filed against Mr. Saxena for publishing false advertisements against Ms. Patkar and the Narmada Bachao Andolan about 8-10 years ago, leveling baseless allegations of ‘anti-development’ and ‘anti-national’. Mr Saxena had alleged that while Ms. Patkar presented a medical certificate of illness on 3rd March, 2009, she was present amidst hundreds of adivasis on the same date in Nandurbar district of Maharashtra at an agitation before the District Collector’s Office.
At the hearing, Ms. Medha Patkar was represented by her counsels Shri V.K. Ohri, Shri Pavan Kumar and Shri Sumeet Sharma. Presenting the medical reports of Ms. Patkar before the Court, Mr. Ohri stated that Mr Saxena has been filing such applications only to harass Ms. Patkar and frustrate her genuine work. He also brought to the notice of the Court that the Hon’ble Supreme Court had, in July 2007 dismissed a ‘public interest litigation’ filed by Mr. Saxena against Ms. Patkar and the Narmada Andolan terming it as a privately motivated ligation and concluded that not a shred of incriminating evidence could be found against the allegations leveled against Ms. Patkar and NBA. The Judgement not only recognized NBA work for the marginalized but also imposed costs on Mr. Saxena.
Upon hearing both the parties, the Magistrate dismissed the application and directed that Mr. Saxena can file an independent case if so required.
NBA asserts this as yet another victory of truth in its struggle for justice.
Ashish Mandloi Bhupender Singh Rawat Shrikanth
07290-222464 011-20506929 09179148973
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