In Relief To Pawan Khera, SC Directs Delhi Court To Grant Congress Leader Interim Bail

Pawan Khera Arrest: The Congress leader was arrested by the Assam Police earlier in the day after he was deboarded from the Raipur-bound IndiGo flight at Delhi airport.

Congress leader Pawan Khera during a press conference at AICC headquarters

Source : PTI

The Supreme Court directed a Delhi court to grant interim bail to Congress leader Pawan Khera after he was arrested in connection with his remarks on Prime Minister Narendra Modi from Delhi airport on Thursday. The Supreme Court also issued notice to Assam and UP Police on Khera's plea seeking clubbing of FIRs. The court directed the matter to be listed next on February 27.

Khera moved the Supreme Court seeking relief in multiple FIRs lodged against him in Assam, and Uttar Pradesh's Lucknow and Varanasi.

"In order to protect the petitioner until such date as he applied for regular bail before jurisdictional court, till the next date of listing, Petitioner shall be released on interim bail by magistrate," said Chief Justice of India DY Chandrachud.

"The above order will remain operational till Tuesday (February 28)," the bench, also comprising Justices M R Shah and P S Narasimha, said.

Senior Advocate AS Singhvi, appearing for Khera, sought interim relief for the Congress leader and consolidation of FIRs since several are being registered across the country

Singhvi told the Supreme Court that Khera had apologised and said that it was a mistake, a slip of tongue.

He said the choice of words used and the sections invoked against him do not match the offences alleged. "It will have straightaway impact on the latitude of free speech," Singhvi said.

The lawyer appearing for Assam Police told the Supreme Court that Khera was arrested and would be presented before the court for transit remand. Assam Police said the Congress leader used "derogatory remarks" against a "democratically elected PM".

Pawan Khera Arrested Amid High Drama

Khera, who was on his way to Raipur for the Congress plenary session, was arrested by Assam Police earlier in the day after he was deboarded from the Raipur-bound IndiGo flight at Delhi airport. Multiple cases were registered against the party leader at various places in Assam. 

Congress leaders sat on a dharna at the airport tarmac in protest and did not allow police to take him away without an arrest warrant.

Khera has been booked for offences under Section 153A (promoting enmity between different groups on grounds of religion, race, place of birth etc.) and Section 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the Indian Penal Code (IPC).

Khera said he was ready to fight a long battle as the police took him away after he was deplaned at the airport Delhi airport. 

"We have requested Delhi police to arrest him (Pawan Khera). We will bring him to Assam after taking permission from a local court," Prasanta Kumar Bhuyan, IGP Law & Order and Spokesperson of Assam police, told news agency ANI.

Earlier, Assam CM Himant Biswa Sarma had tweeted, "Make no mistake- pathetic remarks by courtier Pawan Khera on PM’s father have blessings of the top levels of Congress, which is full of entitlement and disdain against a person of humble origins being PM. India will not forget or forgive these horrible remarks of Congressmen."

Why Was Khera Arrested?

Khera recently referred to the Prime Minister as "Narendra Gautamdas Modi" while criticising the Central government over the row involving the business conglomerate headed by Gautam Adani. The ruling party has accused him of making fun of the prime minister and his late father.

PM's Modi's full name is Narendra Damodardas Modi, with the middle name Damodardas standing for his father's name, a common practice in many parts of the country.