The Supreme Court on Thursday granted interim bail to Congress spokesperson Pawan Khera in a case over his remarks on Prime Minister Narendra Modi, reported Live Law.
A bench led by Chief Justice of India DY Chandrachud and comprising Justices MR Shah and Justice PS Narasimha ordered that Khera be released on interim bail on production before the Delhi magistrate. The interim order will be in operation till Tuesday.
The Congress spokesperson was arrested from the Delhi airport today by Assam Police after being deplaned from a flight to Raipur for his alleged remarks against Prime Minister Narendra Modi. Following the arrest, Khera moved the apex court seeking relief in the aftermath of multiple FIRs lodged against him in three places – Assam and Uttar Pradesh’s Lucknow and Varanasi – over his remarks.
Khera has booked under Sections 153A (promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 153B (imputations, assertions prejudicial to national-integration), 295 (Injuring or defiling place of worship with intent to insult the religion of any class, 505 (statements conducing to public mischief) of the Indian Penal Code.
The apex court also issued notice to Assam and Uttar Pradesh police on the petitioner’s appeal to club all the FIRs against him, and also recorded in its order the undertaking given by Khera’s lawyer senior advocate A M Singhvi that he will tender an unconditional apology for the statement.
During a press conference in Delhi on Monday, Khera referred to the PM as “Narendra Gautamdas Modi”, a remark seen as a hint at the Prime Minister’s proximity to industrialist Gautam Adani. The PM’s full name is Narendra Damodardas Modi, with the middle name after that of his father. Khera later said it was a slip of tongue.
Singhvi, appearing for Khera, mentioned the matter for urgent listing before a bench headed by Chief Justice D Y Chandrachud. The senior counsel told the court that he doesn’t approve of Khera’s statements personally, and only sought “consolidation of the FIRs”.
“He did a play on words which he shouldn’t have as per me. I genuinely got confused whether it is Damodardas or Gautamdas. This came on television. He also said I made a mistake,” Singhvi told the court.
“The man is boarding a flight to Chhattisgarh- he is arrested like this. He said it was a mistake, a slip of tongue,” he added.
Singhvi also said that Section 153A cannot be invoked for a single sentence. “Your lordships will protect him from further coercive steps. This should not happen under no stretch of circumstances for one sentence. Any amount of political speech, freedom of speech- you cannot invoke 153A,” the senior counsel said.
Meanwhile, Additional Solicitor General Aishwarya Bhati, appearing for the Assam Police, played the audio-video clip of the alleged remarks in the open court and said Khera cannot use such “derogatory remarks” against a democratically elected prime minister of the country.
Khera will now be produced before the Dwarka court where he will be granted interim bail by the magistrate as per the directions of the Supreme Court.