New Delhi: Giving a respite to Delhi LG VK Saxena, a city court has granted him exemption from personal appearance in a case lodged by social activist Medha Patkar.
LG VK Saxena, through his counsels Gajinder Kumar, Chandra Shekhar & Somya Arya had sought permanent exemption in the case on grounds that he is an important public functionary of Delhi, looking after constitutional duties and his presence in court on each & every date would hamper him from delivering services with full effect.
The case involving LG VK Saxena & social activist Medha Patkar is one of the oldest pending cases in capital and is listed for complainant’s evidence.
Two applications were also filed by accused LG Saxena. In one plea, the accused sought permanent exemption through counsel and in another, he sought immunity under Article 361 of the Constitution. However, his counsels Gajinder Kumar & Chandra Shekhar informed court that the accused didn’t wish to pursue application seeking immunity under Article 361, as this would lead to further litigation between the parties.
LG’s counsels also contended that the matter is listed for Patkar’s evidence and if the case is allowed to proceed through counsels instead of personal appearance of the accused (VK Saxena), it would cause no harm to the complainant (Medha Patkar).
Patkar’s counsel opposed the argument of personal exemption and stated that the accused is a public officer based in Delhi and there is no hurdle if he appears in the court.
Metropolitan Magistrate Gaurav Dahiya, after hearing the arguments of both parties, observed that the accused (VK Saxena) is holding a public office of repute and looking after important constitutional duties. The court also took note of LG Saxena’s counsels to appear in the case, on each and every date.
The court, rejecting the arguments of complainant, termed them untenable and said that there would be no harm if LG Saxena’s application is allowed and subsequently given ‘relaxation’ from appearance.
“At this stage, it is one of the most relevant considerations of the court to take the trial forward without causing any prejudice to the parties,” it observed.
“In the light of above made observations, the accused is exempted from personal appearance through his counsel till further orders,” the court order said. It also put up the case for further hearing on August 11, 2023.
Notably, LG VK Saxena got a major relief from Gujarat High Court in a similar case, last month. The HC stayed the proceedings of a Gujarat trial court. The matter pertained to alleged assault of Medha Patkar in 2002.