The Lt Governors plea contended that the trial court made an erroneous observation in the case (File)
The Gujarat High Court on Monday extended interim relief granted to Delhi Lieutenant Governor VK Saxena until his plea seeking abeyance of proceedings in a case of assault on social activist Medha Patkar. Saxena had sought a stay on proceedings until he is in office.
The court of Justice Samir Dave stayed a criminal trial against Saxena till the final disposal of his plea and also joined the Centre as a party to the litigation.
The matter has been kept for further hearing on August 29.
The court of metropolitan magistrate PC Goswami, on May 8, refused to stay the trial against Saxena in a case in which he and three others are accused of assaulting Patkar during a peace meeting at the Gandhi Ashram on April 10, 2002.
During the hearing today, Patkar opposed Saxena's plea challenging the trial court order.
Her lawyer, Anand Yagnik, submitted that while the public prosecutor endorsed Saxena's plea, the government was required to file a detailed affidavit as the matter is serious and involves the interpretation of the Constitution.
Saxena's lawyer, Jal Unwala, submitted that the metropolitan court, in its order rejecting Saxena's plea for abeyance of trial, did not touch upon the issue of whether the L-G can be granted immunity under Article 361 of the Constitution.
In his plea, Saxena contended that the trial court made an erroneous observation that if protection is granted to him, the examination of witnesses will have to be conducted afresh, which would delay the trial.
The observation of the metropolitan court is erroneous in view of the fact that even if the trial is concluded, the court would not be in the position to send him in custody in view of the protection under Article 361 of the Constitution of India, he said.
A group of people had allegedly attacked Medha Patkar when she attended a peace meet after the 2002 Gujarat riots.
A case was registered based on her complaint at the Sabarmati police station under sections 143 (unlawful assembly), 321 (voluntarily causing hurt), 341 (wrongful restraint), 504 (intentional insult to provoke breach of trust), and 506 (criminal intimidation) of the Indian Penal Code.
The trial in the case is underway in a metropolitan court here.
The cross examination of other accused - Ellisbridge MLA Amit Shah, Vejalpur MLA Amit Thaker and Congress leader Rohit Patel - is complete. When Saxena's turn came, his lawyer moved an application seeking abeyance of trial against him on grounds of immunity under Article 361 of the Constitution.