On Thursday, February 23, Chief Justice of India (CJI) DY Chandrachud agreed to hear at 3 PM a petition filed in connection with the arrest of Congress spokesperson Pawan Khera today by Assam police at the Delhi airport as he was trying to board an IndiGo airlines flight. The Supreme Court bench presided by CJI Chandrachud granted interim bail to Pawan Khera.
CJI Chandrachud said that Pawan Khera will be released on interim bail by the magistrate in order to protect him till the day he applied for regular bail before the jurisdictional court and the next hearing would be slated for February 28.
The Court also issued notice to the States of UP and Assam, which had registered FIRs against him, on the writ petition filed by Khera seeking consolidation of the FIRs. Also, the order included an assurance from Khera’s lawyer, Advocate Abhishek Manu Singhvi, that he will offer an unconditional apology for his statement.
Order: Dr. Singhvi submits that the petitioner would tender an unconditional apology as it was not his intent to hurt. Whereas, ASG Bhati submitted that the expression was not unintentional.#Pawan_Khera
— LawBeat (@LawBeatInd) February 23, 2023
Senior advocate and former Congress leader Abhishek Manu Singhvi reached Supreme Court with an appeal against the arrest. The Supreme Court hearing of the matter began at 3 pm today.
Defending party leader Pawan Khera, Singhvi said to the Supreme Court today that it was a word play and that he personally should have refrained from using it. Singhvi claimed it was a slip of the tongue adding that he has already apologized for his mistake.
“I genuinely got confused that whether it is Gautamdas or Damodardas”.. he also apologised and said this was a mistake… Please protect him from arrest,” Singhvi said. The ASG said that the statement was not unintentional but was made in full consciousness.
“Please see the demeanour of the statement made.. it will be clear it is intentional or not intentional.. please see the video”, ASG said while passing the phone to the bench to watch the video in question. Singhvi, at this point said, “such vilification is not justifiable.. but there has to be proportionality in the offences being charged”.
Singhvi was alluding to the criticism of Prime Minister Narendra Modi that prompted the BJP to call for Pawan Khera’s arrest.
The SC bench comprising CJI DY Chandrachud, Justice MR Shah and Justice PS Narasimha hearing the matter inquired about where the FIR against Khera has been registered, to this Khera’s counsel Singhvi informed the bench that multiple FIRs have been filed. First at Varanasi, then Assam and Lucknow adding that offences under Section 153A, 153B, 295, 505 of the Indian Penal Code have been invoked against Khera.
Aishwarya Bhati, an additional solicitor general, stated that the arrest had been recorded and that steps were being taken to bring Khera before the magistrate. The ASG suggested Khera use the standard remedies provided by the CrPC rather than addressing the Supreme Court directly in accordance with Article 32 of the Constitution.
The court was shown a video of the press conference when Khera demanded a JPC on the Adani issue and referred to Prime Minister Narendra Modi as “Gautamdas.”
The CJI questioned the ASG, “You tell us prima facie how 153A and 295A are made.” The ASG stated that the gestures and the laughter that followed Khera’s statement were in a “derogatory way”. “This statement is made with the intent so that public discourse is taken away and it incites public disaffection. It is against a duly elected Prime Minister of the country. it is deliberate and calculative”, ASG responded to the Bench.
According to Singhvi, there is no need for an arrest as the maximum term for the offenses is 3 to 5 years in sentence and that the arrest under the given sections were deliberate harassment. ASG pointed out that he was smiling while making the offending statements and that the statements were calculated.
Singhvi: all the offences are five or three years imprisonment.
— Bar & Bench (@barandbench) February 23, 2023
ASG: See the facial expression… he is smiling.. he says kaam hai yeh and naam hai yeh.. he is the Prime Minister in question
Justice Shah: what is the last one
#PawanKhera #SupremeCourtOfIndia @Pawankhera
The bench held that prima facie, the spoken statements do not amount to the sections invoked in the case and released Pawan Khera on interim bail until the next date of the hearing.
“In order to protect the petitioner until he applies for regular bail before the jurisdictional court in relation to all FIRs, we direct till next date of listing the petitioner shall be released on interim bail by Delhi court this evening,” the Court ordered.
“We are inclined to entertain the plea confined to issue whether FIR should be clubbed or not. Such course of action has been adopted in Arnab Ranjan Goswami case. We also accept that, taken on their face value, the spoken words do not lead to the sections invoked in the FIR. Hence, we order – issue notice on the prayer to transfer and club all FIRs registered against Khera. Notice to Assam and State of UP,” the order said.
Notably, at 11:30 pm on Monday, Indian National Congress spokesperson Pawan Khera made the remarks against the Prime Minister at a press conference in Delhi. PM Modi’s full name is Narendra Damodardas Modi. Pawan Khera, while accusing Narendra Modi of favouring businessman Gautam Adani, called him Narendra Gautamdas Modi. He further said that his full name is Narendra Damodardas Modi but his actions are like Gautamdas (literally meaning a servant of Gautam). Cases were registered by BJP leaders against the Congress spokesperson in Lucknow and Varanasi of Uttar Pradesh.
