Supreme Court Declines to Quash Criminal Proceedings Against Congress’s Pawan Khera Over PM Modi Comment
In a pivotal ruling, the Supreme Court has declined to quash the criminal proceedings against Congress spokesperson Pawan Khera, stemming from his controversial remarks about Prime Minister Narendra Modi. This decision comes after a detailed examination of the case, which has garnered significant attention.
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Origin of the Legal Battle
The legal proceedings against Khera originated from a press conference in Mumbai, where he allegedly referred to the Prime Minister as “Narendra Gautam Das Modi.” This comment sparked a series of First Information Reports (FIRs) against him, leading to his arrest by the Assam police. The charges framed against Khera include promoting communal enmity, defamation, and disturbing public peace, under various sections of the Indian Penal Code.
Supreme Court’s Observations and Judgment
A bench comprising Justices BR Gavai and Sandeep Mehta presided over the special leave petition against an order of the Allahabad High Court, which had earlier refused to quash the criminal proceedings. During the hearing, the bench made significant observations. Justice Gavai, addressing Khera’s counsel, Senior Advocate Salman Khurshid, remarked,
“Anyways now you go on apologising,”
highlighting Khera’s history of apologies in similar matters. Justice Mehta added,
“Trying to wish away the offence.”
These comments underscored the court’s perception of the seriousness of the allegations.
Solicitor General Tushar Mehta, representing the State of Uttar Pradesh, emphasized the readiness of the chargesheet and the necessity for the trial to proceed. He stated,
“The reply is only on the basis of the chargesheet which he had from the beginning.”
The bench, after considering the arguments, concluded with Justice Gavai saying,
“Anyway, sorry, we are not inclined,”
before dismissing the special leave petition.
High Court’s Stance and Khera’s Legal Journey
Prior to the Supreme Court’s involvement, Khera had approached the Allahabad High Court seeking to quash the summons order and chargesheet against him. He had also tendered an unconditional apology for the incident. However, the High Court, in its judgment, declined to offer relief. Justice Rajeev Singh of the High Court observed that the evidence collected by the investigating officer could not be assessed during the ongoing proceedings under Section 482 of the Code of Criminal Proceedings. The court directed Khera to raise all contentions before the jurisdictional court, as per the Supreme Court’s directive on March 20.
Conclusion and Implications
The Supreme Court’s refusal to quash the case against Khera is a significant development, highlighting the judiciary’s stance on issues of defamation and communal enmity. It serves as a reminder of the legal consequences that can arise from public statements made by political figures and underscores the importance of maintaining decorum in public discourse.
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