SC refuses to quash criminal cases against Congress’ Pawan Khera for remarks against PM

The Supreme Court on Thursday refused to quash criminal cases registered against Congress spokesperson Pawan Khera for the remarks he made against Prime Minister Narendra Modi at a press conference in Mumbai in February 2023.

“We are not inclined to entertain the matter. There are concurrent orders passed refusing to interfere,” a SC bench of justices BR Gavai and Sandeep Mehta said while hearing an appeal filed by Khera, challenging an Allahabad high court order dated August 17 that refused to quash the multiple criminal cases being tried together in Lucknow.

The top court had issued a notice on Khera’s plea in October and sought the response of the Uttar Pradesh government and the complainant in the case.

Khera’s counsel and senior advocate Salman Khurshid had requested the court to adjourn the matter stating that the complainant was yet to file a response. Appearing for the state, Solicitor General Tushar Mehta told the SC that the state filed its response in November.

Mehta said the appeal is against the quashing of the cases and what is material is the reply of the state. “I have filed my reply based on the charge sheet, which he has from the beginning. Where is the question of complainant?” Mehta asked.

“He (Mehta) has only relied on the charge sheet,” the bench said.

When Khurshid sought an apology for seeking time to respond, the bench remarked, “You can go on seeking apologies. Is it possible to wish away an offence? Sorry, we are not inclined.”

“The petitioner had held a press conference wherein he had publicly, knowingly, purposefully and deliberately and highly objectionable made certain derogatory references regarding a high constitutional functionary which in tum created issues concerning public order,” the UP government’s response filed before the top court stated.

The state affidavit filed by standing counsel Ruchira Goel pointed out that the charge sheet was filed in April last year and since then, the petitioner failed to remain present and cooperate with the trial on nearly a dozen occasions.

The state said that the HC was right in dismissing Khera’s petition as the HC order of August 2023 directed him to raise this grievance before the trial judge.

“The said comment/slander (by Khera) is not only an insult to the lineage and caste of the Prime Minister but also an insult to his late mother,” the chargesheet filed by the UP Police said.

The report of the investigation further stated that the press conference organised in Mumbai was part of a “broader conspiracy to degrade and destabilise the nation” as the statements were given with the intention to deliberately provoke people and disturb public peace.

Multiples FIRs were registered against Khera following the press conference held by him on February 17 where he referred to the middle name of Prime Minister Modi as “Gautamdas” instead of ‘Damodardas’, in an apparent reference to industrialist Gautam Adani in the backdrop of the Hindenburg research report that accused Adani of stock manipulation and improper use of tax havens.

Assam Police arrested Khera from the Delhi airport on February 23 last year based on an FIR registered against him at Haflong police station. Khera approached the top court and was granted interim bail. He also sought consolidation of the FIRs as two more were lodged against him in Uttar Pradesh – Hazratganj in Lucknow and Varanasi.

In March 2023, the top court ordered all FIRs to be consolidated at Hazratganj.

Khera has since apologised for his comment stating that he did not mean to insult the Prime Minister. It was on this unconditional apology that he was granted interim protection from the top court. However, the probe against him continued as the UP government said it seeks to probe what prompted the Congress leader to make such a statement. The state further told the apex court that “an apology after committing an offence is of no relevance and cannot be ground for quashing of the offence.”

The FIRs registered against him relates to offences of promoting enmity, making imputations prejudicial to national integration among other offences punishable under Section 153A, 153B, 500, 504, 505(1)(b), 505(2) and 120B of the IPC.