AHMEDABAD: Narmada Bachao Andolan (NBA) activist Medha Patkar on Thursday objected to the Delhi lieutenant governor VK Saxena’s request to a metropolitan court in Gujarat’s Ahmedabad for keeping the criminal trial against him in abeyance till he remains in the office of the LG.Patkar has stated that Delhi’s LG does not enjoy any immunity from criminal prosecution because his status is not that of a governor of any state.Saxena has been facing a trial for allegedly assaulting Patkar on March 7, 2002 at Gandhi Ashram, where she came to participate in a peace meet during the post-Godhra violence.Delhi LG Vinai Kumar Saxena misled court when summoned in 21-year-old riot case: Sanjay Singh, AAPAlong with Saxena, three others – BJP’s present MLAs Amit Shah and Amit Thaker and Congress worker advocate Rohit Patel – are also accused in this case. Saxena filed an application through advocate Ajay Choksi on Monday to keep the criminal proceedings on the backburner citing provisions of Article 361 of the Constitution.He has claimed that since he is a constitutional authority, he cannot be prosecuted till he remains in the office.In a reply filed through advocate Govind Parmar, Patkar has taken exception to Saxena’s claim of immunity for Delhi LG. Against Saxena’s claim that he is LG of the national capital and therefore his position is higher than governors of other states and he is a deputy of the president in Delhi, the social activist has submitted that Saxena is a mere “agent” of the president appointed to administer Delhi and hence the idea of immunity from prosecution is misconceived.“It is evident from a bare reading of Article 361 that protections contained therein have been extended to the President and governor. There is nothing in the said Article or any other provision of the Constitution which extends the protections contained therein to Administrators of Union Territories, whether or not they are designated as ‘Lieutenant Governor’,” Patkar has told the court.In his application for putting the trial in abeyance, Saxena claimed that he enjoys a status and power higher than any governor and less than the president.The metropolitan court No 21, before whom the accused are being tried, has posted hearing on this issue on March 15.
Source: https://timesofindia.indiatimes.com/city/ahmedabad/medha-patkar-opposes-delhi-lgs-request-to-keep-trial-in-abeyance-in-2002-assault-case-questions-immunity/articleshow/98516138.cms