Human rights activist Medha Patkar has challenged Delhi Lieutenant-Governor VK Saxena’s plea in an Ahmedabad court that he be given immunity from a 2002 criminal trial against him as he holds a constitutional post.
Saxena, two sitting BJP MLAs Amit Shah and Amit Thaker, and a former local Congress leader Rohit Patel are facing a trial for allegedly assaulting Patkar at the Sabarmati Ashram in Ahmedabad during a peace meeting in the aftermath of Godhra riots in 2002.
“The post of Delhi L-G is not of a governor in terms of Article 153 of the Constitution but merely an "administrator" of a Union Territory who is appointed by the President to act on his behalf (under Article 239),” Patkar asserted in an application moved by her advocate Govind Parmar.
Saxena's seeking immunity because of his present post is “grossly misconceived and patently wrong notion that the status of the Lieutenant Governor of Delhi”, she said. Saxena’s request to keep the trial against him in abeyance “is completely misconceived and has been filed merely to further delay proceedings”, Patkar said.
Saxena and the others are facing several charges, including that of unlawful assembly, assault, wrongful restraint, and criminal intimidation.
Saxena had, earlier this month, submitted before the court that “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”.
The proceedings against him “deserve to remain in isolation or abeyance till he continues to occupy the office of the L-G in the interest of Justice,” Saxena pleaded. The matter has been scheduled for hearing for March 15.
