Center and State made parties, Vinay Kumar Saxena granted relief pending court proceedings | Center and State made parties, Vinay Kumar Saxena got relief pending court proceedings

After communal riots in 2002, social worker Medhapatkar and other social workers gathered at Gandhi Ashram to appeal for peace. At that time Megha Patkar was attacked by the current Deputy Governor of Delhi Vinayakumar Saxena, MLA Amit Shah from Alicebridge, MLA Amit Thacker from Vejalpur and Rohit Patel.

There were allegations of threats, mischief etc
A complaint was filed at the Sabarmati police station regarding this attack. In which the accused was accused of harming the complainant, breach of peace, threatening, mischief etc. The hearing of this case was going on in Ahmedabad Additional Metropolitan Magistrate Court.

Interim relief was obtained from the High Court
During the proceedings of this case, an application was made by the Lieutenant Governor of Delhi to the court not to conduct a trial against him, invoking Article 361 (2) as he himself held the post of Lieutenant Governor. Which was opposed by Medha Patkar’s lawyer Govind Parmar. He said that Vinayakumar is only an agent of the President so that he cannot get concessions. Which was upheld by the court, hence Vinay Kumar Saxena did not get any relief, he filed an application in the High Court. In which he got interim relief from the High Court.

Delhi Lieutenant Governor Vinayakumar Saxena in office from 23 May 2022
Further hearing in this regard was conducted in the court of Judge Sameer Dave. In which the defense counsel submitted that the Governor has got some freedom under Article 361 of the Constitution. Under which he is exempt from appearing in any court proceeding against him or from proceeding against him, so long as he holds office. Vinayakumar Saxena, Lieutenant Governor of Delhi, is in office from 23 May 2022.

Even as the Deputy Governor, the court proceedings continued
In the judgment of the trial court, it is said that even though Vinay Kumar is the Deputy Governor of Saxena, the court proceedings are still going on. The government has not opposed it. The complainant has also been cross-examined. Witnesses have been checked. Also as many as 71 witnesses are yet to be checked. It is necessary for the applicant to be present for the testimony of witnesses. Several cases are pending in the court. If the applicant is exempted then the witnesses have to be re-examined after their term. These things are against natural justice. So his request for exemption from the case is rejected.

The Chief Justice of the Delhi High Court administers the oath to the Lt. Governor
The defense counsel read out the judgment of the trial court. He said that the present petitioner is not the Governor but the Deputy Governor. However, he carries all the responsibilities of the Governor. The constitutional provision was not considered in the judgment of the trial court. The Chief Justice of the Delhi High Court administers the oath to the Lt. Governor. He is appointed by the President of India. All this is similar to the Governor.

The next hearing in this matter has been fixed on August 29
Medha Patkar’s lawyer said that Vinay Kumar Saxena is not the governor but the lieutenant governor. Both positions are different. He cited some Supreme Court judgments on this issue. If a constitutional amendment has to be made to give leave to the Deputy Governor equivalent to the Governor. The court has fixed the next hearing in this matter on August 29. Then, considering the constitutional matters, the central government and the state government have also been made parties on this issue. Also Vinay Kumar Saxena has been exempted till the court trial.