A Delhi court has acquitted social activist Medha Patkar in a criminal defamation case filed by Delhi Lieutenant Governor V K Saxena over her remarks during a television programme in 2006, saying he had failed to place on record the original recording device or the complete video footage capturing the alleged objectionable comments.
In the absence of legally admissible evidence establishing publication of defamatory statements by Patkar, the court acquitted her of the charge under Section 500 of the IPC.
According to the complaint, Patkar had allegedly claimed during the programme that Saxena and his NGO had received civil contracts connected with the Sardar Sarovar project.
Saxena, then president of the National Council for Civil Liberties, had denied allegations that he and his NGO received civil contracts related to the Sardar Sarovar project.
“The only document capable of proving that the accused made the impugned statements would be the original electronic device in which such statements were recorded,” Judicial Magistrate First Class Raghav Sharma said.
The court said that the material on record showed Patkar was not a panellist on the programme and that only a brief pre-recorded video clip of her was played during the telecast.
“It is important to note that neither the reporter who actually recorded the audio-video nor any person who had seen the accused making the impugned statements has been examined as a witness.
“It is also crucial to note that the clip played in the programme/show appears to be only a very short clipping from an interview or press conference of the accused,” the judge said.
The magistrate held that to determine whether any defamatory remarks were made, it was essential to produce the complete video and audio recording of the interview or press conference in question.
“Without examining the entire clip or footage, no determination can be made regarding the speech of the accused,” the court added.
The court noted that Saxena failed to place on record the original recording device or the complete video footage allegedly capturing the remarks.
“The only document capable of proving that the accused made the impugned statements would be the original electronic device in which such statements were recorded,” the court said, adding that neither the device nor a valid secondary copy was produced.
The complaint was originally filed in Ahmedabad and was transferred to Delhi in 2010 on the directions of the Supreme Court.
In a separate defamation case filed by Saxena, the Supreme Court in August 2025 upheld Patkar’s conviction ordered by a trial court but set aside a fine of Rs 1 lakh imposed on her.
