Congress spokesperson Pawan Khera was arrested by the Assam Police, hours after he was deplaned from a Delhi-Raipur flight, on Thursday. An FIR had been lodged against Khera at in Uttar Pradesh and Assam for his remarks against PM Modi at a press conference. 

In a recent press conference, Khera changed Prime Minister Narendra Modi's name while calling for a joint parliamentary investigation into the Adani-Hindenburg dispute. "If Narasimha Rao could form a JPC (Joint Parliamentary Committee), if Atal Bihari Vajpayee could form a JPC, then what problem does Narendra Gautam Das...sorry Damodardas Modi have?" Khera had said. The BJP has alleged that Khera deliberately got the name wrong.

Khera was granted interim bail on the same day by the Supreme Court. The order was passed by a bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and MR Shah. The bench also made it clear that the relief granted was in respect of the Assam FIR and stands till February 28, 2023.

What were the charges under which Khera was booked?

A BJP member from Assam, Samuel Changsan, approached the police against the Congress leader, and an FIR was registered at the Haflong Police Station, Dima Hasao, on Wednesday, following which Khera was arrested on Thursday. On 20 February 2023, a complaint was lodged at the Hazratganj Police Station in Lucknow,  and another case was registered at Varanasi.

Khera was booked under Sections 120 B (criminal conspiracy), 153 A/153 B (1) (promoting enmity on grounds of religion, race, place of birth etc.), 500 (defamation), 504 (intentional insult with intent to provoke breach of the peace), 505 (1) (2) (statements conducing to public mischief) of the Indian Penal Code.

Apart from granting interim bail to Khera, the SC also sought the response of the states of Uttar Pradesh and Assam on Khera’s petition seeking the consolidation of FIRs. The Court also noted that "such a course of action has been previously adopted by this Court in Arnab Ranjan Goswami v Union of India". Therefore, it is only the Assam FIR against which Khera has an interim relief till February 28, 2023, while the UP FIR still stands.

What was the petitioner's defense?

Additional Solicitor General Aishwarya Bhati, appearing for the State of Assam, said that the statement by Khera was "deliberate and calculative" and that it was "against a duly elected Prime Minister of the country".

In defense, senior advocate Abhishek Manu Singhvi who was appearing for Khera maintained that Khera had not deliberately used an incorrect name for PM Modi but it was a slip of tongue. Singhvi stated that the petitioner had clarified that "the use of the language was inadvertent, though inappropriate, and that he would not stand by the use of such language". He also added that the petitioner tenders an "unconditional apology".

Singhvi also questioned how the provisions penalizing hate speech and hurting religious sentiments could be invoked in Khera's case. "For any amount of political dialogue... sections like 153(a) or 295(a) IPC cannot be invoked for this," Singhvi said.