Remarks on PM Modi: SC transfers 3 FIRs against Pawan Khera to Lucknow, extends bail till April 10

Out of the three FIRs, two were lodged at the Cantonment police station in Varanasi and the Hazratganj police station in Lucknow. The third FIR was lodged in Assam.

March 20, 2023 05:37 pm | Updated 10:54 pm IST - New Delhi

File photo of Congress leader Pawan Khera.

File photo of Congress leader Pawan Khera. | Photo Credit: PTI

The Supreme Court on Monday clubbed First Information Reports (FIRs) in Assam and Varanasi against Congress spokesperson Pawan Khera and transferred them to the Hazratganj Police in Lucknow while extending him protection from arrest till April 10.

FIRs had been separately registered against Mr. Khera with Haflong police at Dima Hasao district in Assam, Varanasi and Hazratganj in Uttar Pradesh.

Mr. Khera, is reported to have referred to the Prime Minister as “Narendra Gautamdas Modi” during a press conference seeking a Joint Parliamentary Committee (JPC) probe into the U.S.-based Hindenburg Research’s report against the Adani Group.

A Bench led by Chief Justice of India D.Y. Chandrachud on Monday gave Mr. Khera time till April 10 to approach the jurisdictional court at Hazratganj to apply for regular bail.

The court recorded in its order a reiteration of an apology tendered by Mr. Khera’s lawyer, senior advocate A.M. Singhvi, for his alleged statement. This was after Solicitor General Tushar Mehta, appearing for both Assam and Uttar Pradesh, said Mr. Khera had neither shown remorse nor apologised in his rejoinder.

Mr. Mehta vehemently submitted that the Congress spokesperson’s statement could hardly been seen as innocuous. “A very dirty statement was made… We would like to examine on whose behest he said it. It maligned the parent of a high constitutional authority,” the top law officer said.

‘Realm of political speech’

Mr. Khera’s counsel said the statement was made in the “realm of political speech” and Mr. Singhvi had tendered the apology in court. The court order had recorded the apology.

The CJI said the benefit of interim bail was given to Mr. Khera on the basis of his unconditional apology.

During the hearing, Mr. Mehta initially said the FIRs could be shifted to Assam. He said Mr. Khera was arrested by the Assam police.

However, the CJI said the FIRs ought to be transferred to the Hazratganj police as it was the first one to be registered.

“Generally, we club the later FIRs with the earlier FIR,” Chief Justice Chandrachud explained.

In their affidavits filed recently in the case, the two States had argued that Mr. Khera’s apology was merely a “tactical submission to get a preventive order without any genuine remorse or repentance”.

Assam had submitted that Mr. Khera’s statements were “deliberate utterances which has brought discourse to its lowest”. It said the “offending statements were made intentionally to provoke violence and disturb peace and tranquility in society”.

The Supreme Court on February 23 had ordered the release of Mr. Khera on interim bail, hours after he was deboarded from an IndiGo flight at the Delhi airport and detained. He had been on his way to Raipur to attend a party plenary session that day.

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