Insulting, defamatory: Assam govt to SC on Pawan Khera's remark on PM Modi

The Assam govt also alleged the statement was 'a part of wider conspiracy to degrade and destabilise the nation'

The Assam government has opposed before the Supreme Court a plea by Congress leader Pawan Khera for clubbing of multiple FIRs lodged on his remarks against Prime Minister Narendra Modi and his deceased father, saying it is "not just insulting, defamatory and derogatory but also provocative".

The state also alleged the statement was "a part of wider conspiracy to degrade and destabilise the nation".

In a written reply to Khera's plea to club the three FIRs at one place, the state government said, "it would be of paramount importance to allow free and fair investigation in the interest of justice and truth".

Questioning intent of unconditional apology tendered by Khera's counsel, the Assam government said, "There cannot be any apology for having committed a criminal offence, it is manifest that only the counsel for the petitioner has stated that the petitioner tenders an apology. The petitioner has neither tendered any apology in the petition nor has tendered any apology after this court passed an order on February 23, 2023”.

The submission made before the court tendering an apology clearly appears to be a tactical submission to get a preventive order without any genuine remorse or repentance, it contended.

“A closer look at the available audio video clearly reveals that the petitioner has mischievously uttered sentences not only with an extreme degree of irresponsibility but reducing the level of discourse at its lowest,” the state government said.

The reply also said that the FIR by the Assam police is wider in scope and may be treated as the leading FIR and other FIRs ( two registered in UP) may be transferred and clubbed.

The Uttar Pradesh government, for its part, said that the petitioner sought indulgence of the apex court to stall due investigations into deliberate utterances of defamatory words relating to one of the highest constitutional functionaries of the country.

The investigating agencies at Lucknow and Varanasi are in the process of ascertaining the truth and in that process have recorded statements of complainants and other witnesses. The investigating agencies are following due mandate of law as enshrined in the Code of Criminal Procedure as well as directions passed by the apex court in a catena of judgments, it said.

Opposing Khera’s plea, the UP government's reply said, “The petition under Article 32 of the Constitution constitutes an attempt of leapfrogging the routine normal procedure available under the CrPC”.

On Friday, the top court extended the interim bail granted to Khera and listed the matter for further hearing on March 17.

Within a few hours of his arrest from Delhi on February 23, Khera was ordered to be released on interim bail by the top court.

Khera is the chairperson of the Media and Publicity Department of the Indian National Congress. He made the remarks at a press conference held on February 17, 2023 in Mumbai.