The Gujarat High Court has granted an interim relief to Delhi Lieutenant-Governor Vinai Kumar Saxena, by staying criminal trial proceedings against him in his plea on abeyance of trial in a 2002 assault case, on Tuesday.
Mr. Saxena, who has been the Delhi L-G since May 2022, had moved the High Court with an application seeking abeyance of trial against him for the period he is in the post of L-G.
The court on Tuesday stayed the proceedings against him until he holds the post.
Earlier, a local court in Ahmedabad had declined to stay the criminal proceedings against him in a case of assault on social activist Medha Patkar at Sabarmati Ashram in 2002.
He is accused of rioting, unlawful assembly and assault on on Ms. Patkar, along with three other co-accused, two of them are now BJP legislators in Ahmedabad city.
The local magisterial court declined to stay the trial against him on the ground that there was no request from the State government to stay trial proceedings against him. The court also held that conducting a separate trial against him later would cause hardship to prosecution witnesses.
The court had also held that if the trial was kept in abeyance, witnesses shall be required to be examined again causing delay in trial.
However, his advocate in the High Court contended that the trial was already delayed because on as many as 94 occasions, the complainant (Medha Patkar) had sought adjournment.
His lawyer submitted that the the President of India and Governors of the State enjoy immunity from facing any trial while they are in office and the same is extended to the L-G of a UT.
During the trial proceedings in the court, cross-examination of three accused — Ellisbridge MLA Amit Shah, Vejalpur MLA Amit Thaker (both of BJP) and Congress leader Rohit Patel — was completed, and when Mr. Saxena’s turn came, his lawyer moved an application seeking abeyance of trial against him, Ms. Patkar’s lawyer G.M. Parmar told media persons.
