AHMEDABAD: The Gujarat High Court on Tuesday granted an interim stay on further proceedings against Delhi Lieutenant-Governor VK Saxena in a case of alleged assault on social activist Medha Patkar in 2002, pending before a trial court in Ahmedabad.
Saxena had sought the high court's intervention in seeking a stay on criminal trial proceedings as he is the Delhi L-G.
Earlier, Saxena moved the magistrate court on March 1 for the suspension of the case against him while he holds the position of L-G. His plea was denied on May 8 because the court said it would be difficult for the prosecution’s witnesses to testify against him if he left the position of L-G. Saxena became Delhi L-G in May 2022.
Senior attorney Jal Unwalla, who appeared on behalf of Saxena, told the HC that the metropolitan court made an erroneous observation that if protection is granted to him, the examination of witnesses will have to be conducted afresh, and that would cause a delay in the trial.
The metropolitan court’s observation is erroneous in view of the fact that even if the trial is concluded, the court would not be in a position to send him in custody in view of the protection under Article 361 of the Constitution (related to legal protection to President and Governors from criminal proceedings), Unwalla said.
Justice MK Thakker stayed the criminal trial in the case, served notice on the respondent state and the complainant, Medha Patkar, and posted the matter for June 19. Patkar was allegedly attacked at the Sabarmati Gandhi Ashram on April 7, 2002.