Assault on Medha Patkar: Delhi LG V K Saxena seeks immunity, requests to keep trial in abeyance

AHMEDABAD: Delhi lieutenant governor V K Saxena requested the metropolitan court on Monday to keep the criminal trial against him for assaulting the Narmada Bachao Andolan (NBA) activist Medha Patkar in 2002 in abeyance till he holds the constitutional post.
In his application, Saxena has cited a provision of sub-clause 2 of Article 361 of the Constitution to seek immunity against the criminal proceeding and urged the court not to proceed against him till he remains the LG of the National Capital Territory of Delhi.
To buttress his case, Saxena has contended that considering the special character of the Union Territory of Delhi being the national capital, the administrator is designated as LG and he derives power to administer the NCT of Delhi on higher pedestal than the powers vested in other LGs of UTs and even powers of governors of other states. The LG acts as a nominee of the President and “thus enjoys the status of office higher than governor and lower than the President”.
After pressing for his prayer for immunity under the constitutional provisions, Saxena stated that he “has not, does not wish and intends to point out or demonstrate powers of Governor or of Lieutenant Governor under the Constitution in the present application”.
Saxena was appointed Delhi’s LG in Mary 2022.
On March 7, 2002, a mob of BJP youth wing workers had protested the NBA leader's presence at the peace meeting convened at the Gandhi Ashram during post-Godhra violence.
They allegedly attacked Patkar and, in the commotion, many others, including media persons, sustained injuries. Four persons are facing a trial in this case. Besides Saxena, BJP MLAs Amit Shah and Amit Thaker, and a Congress worker, advocate Rohit Patel, too are accused in this case.
The metropolitan court has posted further hearing on March 9, when Patkar’s advocate is supposed to reply to Saxena’s application.