- The court also issued notices to the state government and complainant Patkar, and kept the matter for further hearing on June 19
NE NEWS SERVICE
AHMEDABAD, MAY 23
The vacation bench of Justice MK Thakker, Gujarat High Court, on Tuesday granted interim stay on further proceedings against Delhi Lieutenant Governor (LG) VK Saxena in a case of alleged assault on social activist Medha Patkar in 2002, pending before a trial court.
It granted interim relief to Saxena in terms of stay on further proceedings against him in the trial court till pendency and final disposal of his plea, challenging a metropolitan court’s order rejecting his application to keep the trial against him in abeyance till he holds the office of Lieutenant Governor of the National Capital Territory of Delhi.
The court also issued notices to the state government and complainant Patkar, and kept the matter for further hearing on June 19.
On May 8, metropolitan magistrate P C Goswami refused to stay the trial against Saxena, as requested by him in the case dating back to April 10, 2002, when he and three other accused allegedly assaulted Patkar during a peace meeting organised at the Gandhi Ashram in Ahmedabad.
Saxena’s lawyer 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 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), the lawyer said.
