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regular-article-logo Tuesday, 30 April 2024

Supreme Court dismisses Pawan Khera’s plea to quash three FIRs against him over Narendra Modi jibe

Court decision means Khera whose coinage was snide allusion to Modi’s alleged proximity to industrialist Gautam Adani has to face trial before UP court

R. Balaji New Delhi Published 05.01.24, 06:53 AM
Pawan Khera

Pawan Khera File picture

The Supreme Court on Thursday dismissed Congress spokesperson Pawan Khera’s plea to quash the three FIRs registered against him over his reference to the Prime Minister as “Narendra Gautam Das Modi” last February.

The court decision means Khera — whose coinage was a snide allusion to Modi’s alleged proximity to industrialist Gautam Adani — has to face trial before an Uttar Pradesh court.

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Three FIRs — invoking defamation as well as more serious charges — were filed against Khera, one in Assam and two in Uttar Pradesh. They were later clubbed together before the Uttar Pradesh court.

When the matter came up on Thursday, Justice B.R. Gavai, who headed the two-judge bench that included Justice Sandeep Mehta, said: “We are not inclined to entertain the matter. There are concurrent orders passed refusing to interfere.”

He was referring to the refusal by a trial court and later Allahabad High Court to quash the FIRs.

Solicitor-general Tushar Mehta, appearing for Uttar Pradesh, opposed Khera’s plea. He said Khera had not filed a reply yet despite the state having filed a chargesheet last April and a reply before the top court on the matter last November.

“Is it possible to wish away the offence?” the bench asked senior advocate Salman Khurshid, who appeared for Khera.

When Khurshid apologised for Khera’s failure to file his response to the state’s reply, the bench remarked: “You can go on seeking apologies…. Sorry, we are inclined to entertain.”

It then dismissed the petition.

Khera faces charges under IPC sections 153A (promoting enmity between different groups and acts prejudicial to maintenance of harmony), 295A (deliberate and malicious acts intended to outrage religious feelings), 500 (defamation) and 505 (statement conducive to public mischief).

Barring Section 500, which entails a jail term of up to two years on conviction, the other three sections carry a maximum sentence of three years.

Khera’s reference to Modi came during a news conference in Mumbai on February 17 last year.

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