Neither Saxena nor govt filed plea for stay on trial after becoming L-G: Court

A metropolitan court on May 8 while refusing to stay the criminal trial against Delhi Lieutenant Governor (L-G) Vinai Kumar Saxena has observed that when the incident occurred back in 2002, he was not holding any position in the government. The court said that even after becoming L-G, neither Saxena nor the government filed any application seeking stay or withdrawal of the case against him.

Saxena is facing criminal trial for allegedly assaulting Narmada Bachao Andolan leader Medha Patkar in 2002 at Sabarmati Ashram in Ahmedabad during a civil right activists meet who had gathered for appealing peace in view of the post Godhra communal riots. Two BJP MLAs Amit P Shah and Amit D Thaker, and a Congress leader Rohit N Patel are also facing charges of unlawful assembly, assault, wrongful restraint, criminal intimidation, among others charges.

Read | Gujarat court rejects Delhi L-G's plea seeking immunity from criminal trial

In March, Saxena had moved an application before the trial court requesting to keep his trial in abeyance till he continues to hold his current position. On May 8, additional chief metropolitan magistrate P N Goswami rejected Saxena's application. The court's order made available on Friday stated its reasons for not granting relief to Saxena.

The order says that when the incident occurred, Saxena, the accused no-4, was not holding any government position and the trial continued even after he became the L-G of Delhi. Saxena was appointed as the L-G in May 2022 by the BJP-led central government. The court has said that neither Saxena nor the government filed any application to withdraw or stay the trial.

Goswami has noted that Saxena has been exempted from physical appearance before the court for a very long time and his presence is marked through his lawyer. The court said that the trial can continue in his absence.

The court has said that if Saxena's application to stay was allowed and the trial against three co-accused continues, all the 72 witnesses mentioned in the chargesheet will have to be examined once again. It said that it will result in "misery and hardship" of witnesses and delay the trial. Therefore, the court said, it will not be justified to stay the proceeding against Saxena.

The order also mentions that three co-accused have already cross-examined the complainant, Patkar, for which they took a long time and it is the turn of Saxena to cross-examine her. The order states there are 71 more witnesses who are to be cross-examined. It said that if the trial against Saxena is stalled until he continues to hold his current position, all witnesses will have to be examined afresh.

The magisterial court has also noted that the trial has been going on since 2005, which is about 18 years, and if the trial is stayed, it will be delayed further. It further said that it will only add to the pendency of the cases in Gujarat judiciary.