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SC grants Pawan Khera interim bail in 'Gautam Das' controversy

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Published : Feb 23, 2023, 4:07 PM IST

Updated : Feb 23, 2023, 5:35 PM IST

In a major relief to the Pawan Khera the Supreme Court grants interim bail to him. The next date of hearing was set by the top court on Tuesday, February 28. Khera was arrested allegedly for mispronouncing the name of Prime Minister Narendra Modi. Khera in a recent press conference said Narendra Gautam Das Modi instead of Narednra Damodar Das Modi

Pawan Khera granted interim bail by Supreme Court
Khera courted controversy after mispronouncing the name of Prime Minister Narendra Modi's father.

New Delhi: Hours after the arrest of Congress leader Pawan Khera for his comment o Prime Minister Narednra Modi, the Supreme Court awarded him an interim bail and directed the judicial magistrate of Delhi to execute the order. However, the apex court will hear the consolidation of the FIRs and other issues on Tuesday, February 28.

Presenting the case of the congress spokesperson before the three member bench comprising of CJI DY Chandrachud, Justices MR Shah and PV Narasimha, senior advocate Abhishek Manu Singhvi said, "The Petitioner has already clarified that the language was erroneous and he would tender unconditional apology since it was not intentional. "It has been urged that worlds at face value don't invoke the sections of IPC," the senior advocate mentioned.

Countering the unintentional error, Additional Solicitor General Aishwarya Bhati submitted that that expression used by petitioner was not unintentional. "It's a very derogatory manner. It's a very calculated statement. It's a statement which not just insults the PM but invites disaffection and disloyalty. After all he is the duly elected Prime Minister of the largest democracy in the world", the ASG said.

Showing the video of the press conference where Khera mispronounced the name of Prime Minister Narendra Modi , the ASG mentioned that after using 'Gautam Das', Khera made more comments. "This is adding insult to injury milord. Your lordships may see the facial expressions and the laughs all around. This is deliberate and calculated to insult the PM of the country...", the ASG said.

Expressing his concern over multiple FIRs across the country, the senior advocate said, "He is sought to be whisked away, by Assam Police at the Delhi airport. Until 3 o clock they are there. We are asking for consolidation. All over the country they are filing these FIRs". "Whatever the statements are, they should not lead to arrest", he added.

"On 20th Feb 2023, a complaint was lodged in Hazratganj in Lucknow converted into FIR for offences 153A, 500, 504 IPC....another FIR registered in Varanasi,295A, 153A.... today the petitioner was deplaned from indigo flight traveling from Delhi to Raipur for he had to be arrested" .

Pleading for an interim relief, the Congress lawyer said that the Congress leader had apologised about his mistake in Twitter. Maintaining that police didn't give prior notice under Section 41A CrPC before his arrest, Singhvi said, "The statement happened in the heat of the debate," the senior advocate said.

Khera, against whom a case has been registered in Assam, was asked by the Delhi Police to deplane following which congress leaders sat on dharna at the tarmac in protest and did not allow him to be taken away without an arrest warrant. Senior Delhi Police officials later handed over a document from Assam Police seeking their help in the detention of Khera.

The Congress leader has been at the centre of controversy for the last few days after he wrongly pronounced the name of the Prime Minister 'Narendra Damodar Modi' as 'Narendra Gautamdas Modi' in a recent press conference in New Delhi. While expressing the party's reservation over BJP's reluctance to form a Joint Parliamentary Committee (JPC) to probe the ongoing Adani Hindenburg row, Khera had said that Prime Minister's name is Damodardas but he acts like Gautam Das. Even in a tweet he wrote - "I genuinely got confused whether it is Damodardas or Gautam Das…."

Since then the saffron brigade was demanding his arrest. Few minutes after the tweet BJP leader Amit Malviya wrote on his Twitter handle - "The Congress has repeatedly targeted PM Modi for his humble origins and now they haven’t even spared his dead father, who had nothing to do with politics… Congress’s deep-seated sense of entitlement and disdain for a self-made man doesn’t sit well with an aspirational India".

BJP strongly alleged that Khera has targeted the humble background of the Prime Minister. Priti Gandhi - that national in-charge of social media, BJP Mohila Morcha took to twitter and wrote - "@Pawankhera has become so desperate to prove his credentials & worth to his bosses that he has stooped to slandering the Honourable Prime Minister's father. Absolutely Disgusting!!"

As per the report Khera was suppose to go to Raipur today morning but he was stopped at the Delhi airport. Ironically he was about the board into the airport bus to catch the flight for his destination. Suddenly security personnel, who was stationed there, asked him not to board because of police officer instruction.

New Delhi: Hours after the arrest of Congress leader Pawan Khera for his comment o Prime Minister Narednra Modi, the Supreme Court awarded him an interim bail and directed the judicial magistrate of Delhi to execute the order. However, the apex court will hear the consolidation of the FIRs and other issues on Tuesday, February 28.

Presenting the case of the congress spokesperson before the three member bench comprising of CJI DY Chandrachud, Justices MR Shah and PV Narasimha, senior advocate Abhishek Manu Singhvi said, "The Petitioner has already clarified that the language was erroneous and he would tender unconditional apology since it was not intentional. "It has been urged that worlds at face value don't invoke the sections of IPC," the senior advocate mentioned.

Countering the unintentional error, Additional Solicitor General Aishwarya Bhati submitted that that expression used by petitioner was not unintentional. "It's a very derogatory manner. It's a very calculated statement. It's a statement which not just insults the PM but invites disaffection and disloyalty. After all he is the duly elected Prime Minister of the largest democracy in the world", the ASG said.

Showing the video of the press conference where Khera mispronounced the name of Prime Minister Narendra Modi , the ASG mentioned that after using 'Gautam Das', Khera made more comments. "This is adding insult to injury milord. Your lordships may see the facial expressions and the laughs all around. This is deliberate and calculated to insult the PM of the country...", the ASG said.

Expressing his concern over multiple FIRs across the country, the senior advocate said, "He is sought to be whisked away, by Assam Police at the Delhi airport. Until 3 o clock they are there. We are asking for consolidation. All over the country they are filing these FIRs". "Whatever the statements are, they should not lead to arrest", he added.

"On 20th Feb 2023, a complaint was lodged in Hazratganj in Lucknow converted into FIR for offences 153A, 500, 504 IPC....another FIR registered in Varanasi,295A, 153A.... today the petitioner was deplaned from indigo flight traveling from Delhi to Raipur for he had to be arrested" .

Pleading for an interim relief, the Congress lawyer said that the Congress leader had apologised about his mistake in Twitter. Maintaining that police didn't give prior notice under Section 41A CrPC before his arrest, Singhvi said, "The statement happened in the heat of the debate," the senior advocate said.

Khera, against whom a case has been registered in Assam, was asked by the Delhi Police to deplane following which congress leaders sat on dharna at the tarmac in protest and did not allow him to be taken away without an arrest warrant. Senior Delhi Police officials later handed over a document from Assam Police seeking their help in the detention of Khera.

The Congress leader has been at the centre of controversy for the last few days after he wrongly pronounced the name of the Prime Minister 'Narendra Damodar Modi' as 'Narendra Gautamdas Modi' in a recent press conference in New Delhi. While expressing the party's reservation over BJP's reluctance to form a Joint Parliamentary Committee (JPC) to probe the ongoing Adani Hindenburg row, Khera had said that Prime Minister's name is Damodardas but he acts like Gautam Das. Even in a tweet he wrote - "I genuinely got confused whether it is Damodardas or Gautam Das…."

Since then the saffron brigade was demanding his arrest. Few minutes after the tweet BJP leader Amit Malviya wrote on his Twitter handle - "The Congress has repeatedly targeted PM Modi for his humble origins and now they haven’t even spared his dead father, who had nothing to do with politics… Congress’s deep-seated sense of entitlement and disdain for a self-made man doesn’t sit well with an aspirational India".

BJP strongly alleged that Khera has targeted the humble background of the Prime Minister. Priti Gandhi - that national in-charge of social media, BJP Mohila Morcha took to twitter and wrote - "@Pawankhera has become so desperate to prove his credentials & worth to his bosses that he has stooped to slandering the Honourable Prime Minister's father. Absolutely Disgusting!!"

As per the report Khera was suppose to go to Raipur today morning but he was stopped at the Delhi airport. Ironically he was about the board into the airport bus to catch the flight for his destination. Suddenly security personnel, who was stationed there, asked him not to board because of police officer instruction.

Last Updated : Feb 23, 2023, 5:35 PM IST

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