New Delhi [India], May 21 (ANI): The Delhi High Court heard submissions on behalf of social activist Medha Patkar in a case challenging the trial court’s order, which denied permission to call additional witness Nandita Narrain for examination in a case against incumbent LG VK Saxena.
The hearing took place on Tuesday, where Medha Patkar’s counsel argued that there is no bar on calling for the examination of a witness not named in the list of witnesses.
Justice Shalinder Kaur, after hearing the arguements on behalf of Patkar, listed the matter on May 26. The bench will hear the arguements by the counsel for Saxena against the appeal.
Another petition challenging Medha Patkar’s sentencing has also been adjourned for May 26. She was convicted and sentenced in a Defamation case filed by V.K. Saxena.
Meanwhile, arguing for Medha Patkar, her counsel argued that there is no bar to calling for the examination of a witness who was not listed in the list of witnesses.
It was also submitted that there was no delay on the part of the petition, Patkar. It was further argued that there is no prohibition on allowing an additional witness for examination.
Advocate Gajinder Kumar appeared for V K Saxena during the hearing before the High Court.
On March 18, the Metropolitan Magistrate at Saket court dismissed Patkar’s plea seeking permission to examine Nandita Narrain as an additional witness.
“If parties are permitted to introduce new businesses arbitrarily and at such a late stage, trial courts would become never-ending, as litigants could continuously bring in new witnesses whenever it suits them, thereby prolonging proceedings indefinitely,” the court had said on March 18.
The court had further said that the judicial process cannot be held hostage to such tactics, especially in a case that has already been pending for two decades.
The counsel for LG Saxena strongly opposed the plea, saying that it was aimed at delaying the trial. This case has been pending since 2000.
Patkar filed a defamation case against incumbent LG VK Saxena in 2000. Medha Patkar moved an application stating that Nandita Narrain supported her allegations of defamation. It was stated that Nandita Narrain is a relevant witness in the present case.
It was also stated the complainant Medha Patkar has examined three witnesses so far and on November 29, 2024, the Court had granted her time to examine whether there is requirement to examine any other witness.
On the other hand, advocate Gajinder Kumar, counsel for LG Saxena, had argued that the application was at a belated stage to delay further the trial, which has been pending for the past 24 years.
Saxena’s counsel also argued that this case has been pending since December 2000. Medha Patkar has never mentioned Nandita Narain as a relevant witness until now.
It was also argued that the last opportunity has already been granted to the complainant to lead evidence. This application has been filed to cause inordinate and unjust delay.
While opposing the plea, the court stated that grave prejudice would be caused if the complainant introduced a new witness and further prolonged the trial, even after almost 25 years, making the proceedings never-ending. (ANI)
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