Ahmedabad: New Delhi Lieutenant Governor (L-G) VK Saxena, who is in a legal slugfest with human rights activist Medha Patkar since a rioting case against him in 2005 and is seeking abeyance of trial since he holds a gubernatorial post, has told a magisterial court here that he is not seeking a stay on the criminal trial.
His advocate Ajay Choksi told an Ahmedabad magisterial court on Friday that his client was not seeking a stay on the criminal trial against him but to put the case on hold until he remains the Lieutenant-Governor, equating him with a Governor of a State.
Choksi submitted, “The way the Governor addresses the Legislative Assembly, the way the President of India addresses the Parliament, the same way Delhi L-G addresses the Delhi Assembly.”
Saxena, along with three others is accused of attacking activist Medha Patkar in 2002
Saxena, along with three others including Ellis Bridge BJP MLA Amit Shah and Vejalpur BJP MLA Amit Thaker, is accused of unlawful assembly, rioting, voluntarily causing hurt, wrongful restraint, intentional insult with intent to provoke breach of peace and criminal intimidation, for allegedly attacking activist Medha Patkar in 2002 outside Sabarmati Gandhi Ashram.
The Delhi L-G had filed an application on March 1, pleading that the criminal trial against him, launched by the magisterial court in 2005, should be held in abeyance until he is the L-G. He invoked Constitutional provisions that grant immunity to governors and the President of India from being answerable to courts while holding office.
Saxena had in fact submitted that as the L-G, he “enjoys the ‘status of office’ higher than governor and lower than the President”.
On the other hand, Patkar, who is the original complainant and victim of the alleged assault, has in her written application cited a 2018 five-judge constitution bench judgment of the Supreme Court that held that the status of the L-G of Delhi is not that of a Governor of a state and “rather he remains an administrator, in a limited sense, working with the designation of Lieutenant governor.”
However, Saxena’s counsel on Friday contended that the SC judgement that Patkar was relying upon, had made its observations of L-G being an administrator, in a different context, and would not apply in this given case.
He stressed that Saxena is only seeking to hold the trial in abeyance since he holds a constitutional post and also said, “Two of the accused are MLAs… it is also embarrassing for us to say we have criminal cases pending against us (when we have to declare them in electoral contest forms).”
Meanwhile, advocate Anand Yagnik, who appeared for Patkar, submitted that he wished to make oral submissions in relation to Saxena’s application seeking abeyance of trial. He relied upon a Supreme Court order of 2018 that permitted victims and complainants to make oral submissions.
The case will be heard again on April 12.
