In a two-decade-old case of attack on social and environmental activist Medha Patkar, a local court in Ahmedabad has dismissed Delhi Lieutenant Governor Vinay Kumar Saxena’s plea seeking a stay on the criminal trial till he continues in office. Was.
Mr Saxena and three others have been accused of assaulting an activist at the Sabarmati Ashram in 2002.
On Monday, the magistrate’s court of PN Goswami dismissed Mr Saxena’s petition filed in March this year.
In his petition, Mr Saxena had sought a stay on the trial against him till he ceases to hold the office of LG of Delhi, which is a constitutional office.
Arguing that the trial should be stayed, his plea cited Article 361(2) of the Constitution which confers immunity on the President, Governor or Rajpramukh of any State, by allowing them not to be answerable to any court for the exercise and performance of those powers or duties, and that no criminal proceedings shall be held against the President or Governor of any State in any court during their term of office The proceedings shall not be commenced or continued. Tenure in office.
He went a step further to argue that the office of the Lieutenant Governor of the National Capital Territory (NCT) of Delhi is higher than that of any Governor and only below that of the President of India, as the President himself selects the Governor. and appoints. The LG, while the Governor is appointed by the President after being selected by the Central Government.
However, the Magisterial Court did not accept the contention made by the Lieutenant Governor in the petition. The detailed order of the court has not been made public yet.
The case dates back to April 2002 when the alleged attack took place at the Sabarmati Ashram where social groups and activists had organized a meeting to appeal for peace amid communal riots in the state.
Besides Mr Saxena, the other accused in the case are BJP leaders Amit Shah and Amit Thaler, both MLAs from Ellis Bridge and Vejalpur seats respectively, and Congress leader Rohit Patel.
They were opposing Mr. Patkar’s presence in the meeting because of his stand against the Narmada Project. The accused are facing charges of rioting, assault and unlawful assembly.