Narmada Bachao Andolan (NBA) activist Medha Patkar's plea in the Supreme Court seeking transfer of a criminal defamation case against her from Gujarat to Delhi has been opposed by the complainant who has alleged that she had concealed facts while pursuing it. The complainant,V K Saxena,President of Ahmedabad-based NGO National Council for Civil Liberties (NCCL),had filed the case against Patkar for her alleged defamatory remarks during a television debate pertaining to Sardar Sarovar Project (SSP). He has accused her of concealing facts from the apex court in her transfer petition,which is likely to be heard tomorrow. Patkar,a Magsaysay award winner,has sought transfer of the case to Delhi,contending that the apex court had earlier shifted the proceedings of another defamation case filed in Ahmedabad against her by Saxena. It is pending before a Metropolitan Magistrate's court here. The activist submitted that instead of her,it was the NCCL president,who had made several defamatory allegations against her and the NBA in the television programme in which both had participated over telephone. She has sought transfer of the case contending that there was a threat to her safety because of her stand against the SSP and the role of Gujarat government with regard to the post-Godhra riots. Patkar has submitted that due to the threat perception,she has not attended the court proceedings in Ahmedabad and neither has she addressed any press conference or public meeting in and around the city for the past many years. However,Saxena in his affidavit refuted the contention of the threat perception against Patkar saying it was a false statement and has been proved by an RTI application,moved by NCCL in which the Gujarat police categorically stated that she had visited various cities of state 21 times from June 19,2003 to June 3,2003. Saxena had filed the complaint against Patkar on June 29,2006 before Metropolitan Magistrate Gheekanta in Ahmedabad,accusing her of making a false statement that he received civil contracts related to the SSP in the name of NCCL. Patkar and Saxena are locked in five criminal cases filed by them against each other. The NBA activist has registered three cases against Saxena. The NCCL President alleged that Patkar has been avoiding appearance in the courts in these cases and getting adjournments through her lawyer causing harassment to him as he has to come to Delhi from Ahmedabad for every case. He claimed that the NBA leader is not serious in pursuing the cases and that she was warned and penalised by the court on various occasions for showing lack of seriousness. The Ahmedabad resident said in the two cases being heard in Delhi,the record will show that his appearances have been 90 per cent though he has to commute to Delhi but Patkar's presence is less then 20 per cent. The NCCL president also accused the NBA leader of deliberately preventing serving of summons or warrants relating to the cases registered against her. Patkar,who has filed transfer petition through advocate Prashant Bhushan,alleged that Saxena had accused her of being anti-national and receiving foreign funds. The NBA leader has said the apex court on July 10,2007 had dismissed a petition filed by the NCCL president seeking probe against her on the issue of alleged foreign funding. Patkar had filed a criminal defamation case in Delhi against Saxena in 2000 for allegedly publishing advertisements against her and the activities of NBA. He had also filed a criminal defamation case against Patkar in Ahmedabad in 2001 for accusing him of making payments through cheques to an NGO in Malegaon in Maharashtra. The case was transferred to Delhi by the Supreme Court on Patkar's plea.
