Supreme Court Refuses To Quash Criminal Proceedings Against Congress Leader Pawan Khera For Deliberately Botching PM Modi's Name

The Supreme Court today dismissed a petition preferred by Congress spokesperson Pawan Khera, where he sought to quash the criminal case pending against him after multiple FIRs were registered against him for deliberately botching up Prime Minister Narendra Modi's name in a press conference.

On February 17, 2023, during a press conference, Khera botched up PM Narendra Modi's name while demanding a probe by a joint parliamentary committee into the Adani-Hindenburg report.

Khera in the statement before the press had said, "If Narasimha Rao could form a JPC, if Atal Bihari Vajpayee could form a JPC, then what problem does Narendra 'Gautam Das'...sorry 'Damodardas' Modi have?". It is also to be noted that on August 17, 2023, by the impugned order, the Allahabad High Court had dismissed his application, observing, "...the evidences collected by the Investigating Officer cannot be evaluated by this Court in the present proceedings on the basis of pleadings, counter affidavit as well as rejoinder affidavit".

A bench of Justice B.R. Gavai and Justice Sandeep Mehta summarily dismissed the Special Leave Petition (SLP).

Solicitor General Tushar Mehta appearing for the State of Uttar Pradesh apprised the Court that a reply was filed on the special leave petition based on the chargesheet. Senior Advocate Salman Khurshid appeared for Khera.

The Supreme Court had earlier sought the response of the UP Government on Kehra's plea.

For the background, Khera had filed an application before the Allahabad High Court for quashing the charge sheet dated April 8, 2023 as well as the summoning order dated April 11, 2023 passed by Chief Judicial Magistrate, Lucknow in a criminal case for offences under Sections 153A, 500, 504, 505(2), 153B(1), 505, 505(1)(b) I.P.C.

He had contended that he works as the Chairman of Media and Publicity Department of the Indian National Congress Party, and therefore has full respect for the country as well as constitutional dignitaries, including the Prime Minister of India. However, in the press conference in Mumbai, Maharashtra, on February 17, 2023, wherein some words were uttered by him regarding the name of the Prime Minister, there was no intention to insult either the Prime Minister of India or his family members and the words uttered by the applicant were mere a slip of tongue.

However, the State had opposed the prayer of the applicant and submitted that, in case, for one of the offences, there is a statutory remedy of filing of complaint, but in case, other offences of the Indian Penal Code are made out, then undoubtedly, the investigation can also be conducted and there is no illegality in the investigation conducted by the Investigating Officer.

Khera was arrested at the Delhi airport after being deplaned from a flight to Raipur in connection with his alleged remarks against Modi, made at a press conference on February 17 in Mumbai. He was later granted bail by a Magisterial court.

Cause Title: Pawan Khera v. State of UP