The Supreme Court today sought a response from the Uttar Pradesh State government on Congress spokesperson Pawan Khera's plea, where he seeks to quash the criminal case pending against him in a matter where 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 Prashant Kumar Mishra heard the matter today. Senior Advocate Abhishek Manu Singhvi appeared for Khera.

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.

Furthermore averred that he genuinely got confused and was even regretful over his inadvertent mistake, for which he had even promptly and specifically apologised for the same on his official Twitter handle vide Tweet dated 17th February, 2023.

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.

Therefore, considering the contentions made by the parties, while dismissing the matter on merits, a bench of Justice Rajeev Singh had observed, “Indisputably, Hon'ble Supreme Court vide order dated 20.03.2023, while disposing of the Writ Petition (Criminal) No. 74 of 2023 filed by the applicant-petitioner, has clearly directed the applicant to raise all the contentions before the jurisdictional court, which is the court of learned Chief Judicial Magistrate, Lucknow and in pursuance of the said order, the applicant may appear before the jurisdictional court and raise all his grievances before the court below”.

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

Justice BR GavaiJustice Prashant Kumar Mishra

Agatha Shukla