The Gujarat High Court has granted a stay on the criminal trial proceedings against Delhi Lieutenant Governor (L-G) Vinai Kumar Saxena in a 2002 assault and rioting case until the disposal of his plea for the trial to be held in abeyance during his tenure as L-G.
Justice Samir J. Dave presided over the bench that issued the stay order and also served a notice to the Union of India for August 29. It should be noted that Saxena is accused of assaulting activist Medha Patkar in 2002.
During the hearing in the High Court, the Senior Counsel representing Saxena argued that as the present LG of Delhi, he should be immune from facing a criminal trial based on the express bar contained in Article 361(2) of the Constitution of India, as the Lieutenant Governor is equivalent to a Governor.
On the other hand, Advocate AJ Yagnik, appearing for social activist Medha Patkar, argued that the protection available to governors and the President against criminal proceedings does not extend to an LG, as an LG is not considered a Governor.
Considering these arguments, Justice Dave granted the stay on the criminal trial proceedings until Saxena’s application is disposed of. Additionally, the High Court issued a notice to the Union of India and scheduled the matter for further hearing on August 29.
Earlier this year in May, a Magistrate Court in Ahmedabad declined the request to halt the proceedings against Saxena, stating that the government had not made any request to suspend or withdraw the trial proceedings against him.
The Metropolitan court further highlighted that conducting a separate trial against Saxena after he demits the office of LG would cause hardship to the prosecution witnesses. In response to this order, Saxena approached the High Court to challenge it.
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