Why was Congress leader Pawan Khera arrested, and what the Supreme Court stated about it.
Aside from directing Pawan Khera to be given temporary release, the Supreme Court gave notice to the states of Uttar Pradesh and Assam, where FIRs have been lodged against him, on Khera's plea demanding their consolidation.
The Supreme Court instructed a Dwarka court on Thursday to give interim relief to senior Congress politician Pawan Khera, who was detained by Assam Police at the Delhi airport earlier that day. An FIR has been filed against Khera for his statements against PM Modi during a news conference.
"In order to protect the petitioner until such date as he applies for regular bail before the jurisdictional court upon the FIRs being transferred to one and the same jurisdiction, we direct that until the next date of listing, the petitioner shall be released on interim bail by the court of the competent magistrate in Delhi where he is to be produced this eve," the Supreme Court bench of Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice MR Shah said. The aforesaid order will be in effect until Tuesday."
What was Pawan Khera booked under?
Khera referred to the Prime Minister as "Narendra Gautamdas Modi" during a news conference in Delhi recently to seek a probe by a joint parliamentary committee (JPC) into the Gautam Adani Group.
On Wednesday, a FIR was filed against the Congress politician by a BJP member in Assam, Samuel Changsan, at the Haflong police station in Dima Hasao.
Khera was charged with violating Indian Penal Code Sections 120 B (criminal conspiracy), 153 A, 153 B (1) (promoting enmity on grounds of religion, race, place of birth, etc.), 500 (defamation), 504 (intentional insult with intent to provoke breach of the peace), and 505 (1) (2) (statements conducive to public mischief).
The Prime Minister's full name is Narendra Damodardas Modi, with his father's middle name. On February 17, Khera tweeted, "I'm not sure if it's Damodardas or Gautam Das..."
Complaints have also been lodged against him in Uttar Pradesh.
Supreme Court grants interim bail to Congress leader Pawan Khera.
The Congress petitioned the Supreme Court after Assam Police detained senior politician Pawan Khera at the Delhi airport on Thursday.
Kanu Sarda writes: The Supreme Court on Thursday granted temporary bail to senior Congress politician Pawan Khera, who was discharged by a Delhi court earlier evening. After Assam Police detained Pawan Khera at Delhi airport, the Congress petitioned the Supreme Court.
Abhishek Manu Singhvi, a Rajya Sabha Member and prominent counsel, raised the issue and informed the Supreme Court about Khera's detention while on a trip to Raipur. He requested that all FIRs filed against the Congress leader be combined into a single one.
HEARING IN SUPREME COURT.
Senior Attorney AS Singhvi requested temporary relief for Pawan Khera as well as the unification of FIRs because multiple were filed throughout the country. Singhvi, speaking on behalf of Pawan Khera, informed the Supreme Court that the Congress politician had apologized and stated that it was a mistake, a slip of the tongue.
Meanwhile, Assam Police's counsel told the Supreme Court that Pawan Khera had been detained and will be brought before the court for transit remand.
During the hearing, the Supreme Court issued a decision stating that the petitioner is the chairman of the Indian National Congress's media and publicity department. The court noted that Pawan Khera conducted a press conference in Mumbai and that on February 20, a complaint was filed in Lucknow for violations of Indian Penal Code Articles 153a, 500, 504, and 505A. Another FIR was filed in Varanasi on February 22.
The Supreme Court remarked that the plea made by Pawan Khera was not for quashing of FIR, but rather sought for "clubbing of FIRs as gravamen of every FIR is identical".
"Dr Singhvi indicates that the petitioner has stated that the comment was erroneous and that he would not stand by such statement and that he will unconditionally apologize for the statement since it was not his purpose to be personally hurtful by making the term," CJI Chandrachud added.
The Supreme Court agreed that, on their face, Pawan Khera's comments did not lead to the sections cited in the FIR. The court directed that all FIRs filed against Khera be transferred and combined.
"In order to safeguard the petitioner till he files for regular bail before the jurisdictional court in respect to all FIRs, we direct that the petitioner be freed on interim bail by Delhi Court this evening until the next date of listing," the Supreme Court stated in its judgment.
WHY WAS PAWAN KHERA ARRESTED?
FIRs were filed against Khera at police stations in Lucknow, Varanasi, and Assam after he made insulting remarks against Prime Minister Narendra Modi during a news conference on the Adani-Hindenburg dispute on February 17.
According to the Congress, Khera was detained after being deplaned from an aircraft to Raipur in connection with his alleged statements on Prime Minister Narendra Modi.
The Delhi Police requested Khera to deplane after an Assam case was filed against him. In protest, Congress leaders sat on a dharna on the tarmac.
According to Assam Police, a complaint has been filed at the Haflong police station, and Khera has been charged with criminal conspiracy and inciting racial strife for his alleged statements against the prime minister.
