The Delhi High Court on Thursday allowed an appeal by the Indian Express challenging a trial court order restoring a criminal defamation complaint filed by the Narmada Bachao Andolan leader, Medha Patkar, against the daily in 2000.
Justice B.D. Ahmed dismissed the order passed by the Metropolitan Magistrate, Bimla Kumari, in April 2003, restoring the complaint after dismissing it earlier due to non-appearance of either Ms. Patkar or her counsel when the matter was taken up hearing.
Allowing a submission by counsel for the daily that the Magistrate did have the power to recall his or her orders once they had been passed, Mr. Justice Ahmed dismissed the complaint.
The Magistrate had dismissed the complaint in default on April 17, 2003, when Ms. Patkar or her counsel failed to appear before the court. However, she later restored the complaint when Ms. Patkar, along with her counsel, appeared before the court.
Ms. Patkar, in her complaint, accused the daily of publishing a defamatory advertisement titled "True face of Ms. Medha Patkar and her Narmada Bachao Andolan" by V.K. Saxena, president of the National Council for Civil Liberties.
The advertisement alleged that the NBA was passing on confidential documents related to projects of national importance to foreign nationals with the aim of halting the progress of the country, the complaint said.
