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Remarks against PM Modi: SC extends Pawan Khera’s interim bail till March 17

  • Senior advocate AM Singhvi, representing Khera had sought consolidation of the different FIRs filed against the Congress leader in different states
  • He had argued that the sections invoked do not match the alleged offence and prayed from the bench to protect Khera from arrest
  • The matter will now be heard by the court on March 17

03 Mar 2023

Remarks against PM Modi: SC extends Pawan Khera’s interim bail till March 17

The Supreme Court on Friday extended the interim bail granted to Congress leader Pawan Kher till March 17, the date when the matter will be heard by the apex court.

Earlier, the Supreme Court had extended protection from arrest to Khera till March 3. This comes after the Assam government sought time to file an affidavit in the case in relation to the FIR registered against him for making statements against Prime Minister Narendra Modi.

Khera was released on anticipatory bail after the Supreme Court protected him from arrest and ordered a Delhi court to release him on anticipatory bail. The bail is valid until he applies for proper bail in the appropriate court in respect of all the FIRs registered against him for making statements against Prime Minister Narendra Modi. The Supreme Court also issued notices to Assam and Uttar Pradesh on the FIR club suit. "To protect the petitioner until he applies for proper bail in the competent court in respect of all the FIRs, we direct that till the next date of listing, the petitioner be released on interim bail by the Delhi court this evening," a bench comprising the Chief Justice. of India (CJI) DY Chandrachud, Justice MR Shah and Justice PS Narasimha last week ordered a club of FIRs on Kher's plea while granting him relief.

Pawan Khera was kicked off an Indigo flight traveling from Delhi to Raipur after the Assam Police addressed a message to the Delhi Airport Police that Khera must be detained in connection with an FIR registered in Assam under number 153a (promoting enmity between different groups), 504 ( intentional insult with intent to cause breach of the peace), 505(b) , 120b IPC Khera then approached the Supreme Court seeking relief and amalgamation of the FIRs registered against him.

Senior advocate AM Singhvi, representing Kher, said several FIRs were registered against Kher in several states for some of his remarks against Prime Minister Narendra Modi and sought consolidation of the FIRs. He argued that the said portions did not correspond to the alleged offense and prayed from the bench to protect Khera from arrest. He told the bench that at this stage, Khera will not seek quashing of the FIRs, however, the plea of ​​clubbing the FIRs is urged as the gravamen of all the FIRs is the same. Singhvi further told the bench that Khera had clarified that the statement was wrong and that he would not stand by such a statement and that he would unconditionally apologize for the statement as it was not his intention to be personally offensive by using the statement.

The Additional Solicitor General (ASG) alleged that the statement made by Khera is made with an intention to take away public discourse and fuel public discontent and is against the duly elected Prime Minister of the country and is premeditated and calculated. After hearing both the sides, the apex court observed that on their face value, the words spoken did not lead to the parts mentioned in the FIR and said, “We are inclined to deal with the plea limited to whether the FIR should be clubbed. or not” issued a notice praying for transfer and club of all FIRs registered against Kher and directed a Delhi court to grant him interim bail.

The case will now be heard by the court on March 17.

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