The Gujarat High Court granted ad interim relief to Delhi Lieutenant Governor (L-G) Vinai Kumar Saxena on Tuesday in his plea for abeyance of trial in a 2002 assault case until he retained his post as LG.
A single-judge Justice MK Thakker granted an interim stay on the proceedings in the criminal trial case pending before the Ahmedabad Court.
Previously, on May 9, an Ahmedabad metropolitan court denied Saxena’s application for immunity from criminal prosecution as long as he holds his current position, citing the express bar contained in Article 361 (2) of the Constitution of India.
The Metropolitan Court observed that holding a separate trial against him after he demits the office of LG would be inconvenient for the prosecution witnesses.
The Delhi LG is essentially facing allegations of rioting, unlawful assembly, and assault against ‘Narmada Bachao Andolan’ activist Medha Patkar in Ahmedabad in 2002.
Challenging rejection of relief, Saxena moved the HC, wherein, Senior Advocate Jal Unwalla, representing him contended that the magistrate court failed to take into account Article 361 of the Constitution of India, which protects the President and Governors and Rajpramukhs from criminal proceedings.
Advocate Unwalla further submitted that according to Article 361 (3), a process for the arrest or imprisonment of the President or the Governor of a State may be issued by any court during his term of office, as was the case with LG Saxena.
Senior Advocate Unwalla argued that even if the trial is continued, the court will be unable to imprison LG Saxena due to the protection granted to him under Article 361 (3) of the Constitution.
In light of these submissions, the single bench stayed criminal trial proceedings in the case while serving notice on the respondent state and complainant Patkar, and scheduled the case for further hearing on 19th June, 2023.
