Gujarat High Court stays criminal proceedings against Delhi Lieutenant Governor Vinai Kumar Saxena

Gujarat High Court stays criminal proceedings against Delhi Lieutenant Governor Vinai Kumar Saxena

Today, Gujarat High Court has granted interim relief to Delhi Lieutenant Governor (L-G) Vinai Kumar Saxena in his plea for abeyance of trial in a 2002 assault case.

The Court has essentially granted an interim stay on the proceedings in the criminal trial case pending before the Ahmedabad Court.

In the previous hearing which was held on May 9, an Ahmedabad metropolitan court rejected Delhi's LG's application seeking relief from facing a criminal trial until he occupies his current post in view of the express bar contained under Article 361 (2) of the Constitution of India.

The Metropolitan court observed that conducting a separate trial against him later, after he demits the office of LG, would cause hardship to the prosecution witnesses.


Saxena, who took over as Delhi L-G in May 2022, is booked for rioting, unlawful assembly and assault on social activist Medha Patkar in 2002, along with three other co-accused.

In January this year, a bench comprising Chief Justice of India (CJI) DY Chandrachud, Justices MR Shah, Krishna Murari, PS Narasimha and Hima Kohli had reserved the order after hearing the arguments for four days.

Solicitor General Tushar Mehta, representing the Centre, argued that not only the Union territory is merely an extension of the Union but also that employees working in Union Territories are working in connection with the affairs of the Union.

At the end of the hearing, Solicitor General Tushar Mehta urged the Constitution bench to refer the 2018 judgement to a larger bench.

However, this was opposed by Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government in the case.

The Delhi government argued that in the interest of federalism, the elected representatives must have power over transfers and postings and also contended that the recent amendments to the Government of National Capital Territory of Delhi (Amendment) Act, 2021, violate the doctrine of the basic structure of the Constitution.

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