Underlining that a “dangerous precedent” could be set, a Delhi court on Tuesday denied activist Medha Patkar permission to introduce a new witness in a defamation case that she had lodged against Delhi’s L-G VK Saxena.
“Allowing such applications without proper justification would set a dangerous precedent. If parties are permitted to introduce new witnesses arbitrarily at such a late stage, trials would become never-ending, as litigants could continuously bring forth new witnesses whenever it suits them, thereby prolonging proceedings indefinitely,” said Judicial Magistrate First Class Raghav Sharma of Saket Court in his order on Tuesday.
Patkar wanted to examine a witness who hadn’t initially been named in the list of witnesses.
“Neither the complainant nor any of her witnesses have referred to this witness at any stage of the trial. If this witness was genuinely relevant, his/her name or role in the case would have been mentioned at some point during the last 24 years of proceedings,” the court noted. Patkar had filed the case against Saxena for allegedly publishing a defamatory advertisement when he headed an NGO in Gujarat.
“The complete absence of any reference to this witness further suggests that it is an afterthought, possibly introduced to bolster the complainant’s case artificially,” it said, adding, “… this lack of explanation further weakens the credibility of her request.”