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The FIRs in UP and Assam were filed against Khera over his alleged statements made at a Press Conference against Prime Minister Narendra Modi.
The Allahabad High Court on Thursday directed the respondent parties to file their respective counter affidavits by May 4, 2023, in the plea filed by Congress leader Pawan Khera to quash the FIRs lodged against him for his statements against Prime Minister Modi at a press conference.
During a press conference in February this year in Mumbai demanding a Joint Parliamentary Committee into Adani 'stock manipulation' issue, the congress leader reportedly uttered Prime Minister Modi's full name as 'Gautam Das' instead of 'Damodar Das'. Against Khera's such remark, multiple FIRs were lodged against him in Assam and Uttar Pradesh's Lucknow and Varanasi.
Khera, after his arrest by the Assam Police at Delhi airport on February 23, 2023, moved the Supreme Court the same day, and the Top Court directed the Delhi Court to grant interim bail to the Congress leader.
Subsequently, on February 27, the Supreme Court extended the interim protection granted to Khera which came to be further extended later.
On March 20, 2023, the Supreme Court clubbed all FIRs filed against Congress Leader Pawan Khera to Hazratganj police station at Lucknow, Uttar Pradesh, and directed to treat the Lucknow FIR as leading matter.
Subsequently, Khera filed a plea before the Lucknow Bench of the Allahabad High Court to quash and stay proceedings in the three FIRs lodged at Lucknow, Varanasi, and Dima Hasao (Assam).
On Thursday, the division bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari issued notice to the three informants in the FIRs returnable at an early date.
While posting the matter to be next heard on May 4, 2023, court directed that the counter affidavits by the State Respondents and the private respondents to be filed by the next date of listing.
Court did not pass any interim order in view of the Supreme Court's order of March 20 whereby Khera had been given interim protection and also the option for applying of regular bail before the jurisdictional Court.
Senior Advocate J. N. Mathur appeared on behalf of Khera before the high court. He informed the division bench that although in the FIR registered at Assam there were several other Sections that were invoked by the informant, the Investigating Officer issued notice to Khera only under Sections 153-A, 153-B(1)/ 500/504/505(1)(b)/505(2) of IPC and directed him to make his statement in pursuance of such notice.
The senior counsel argued that though in view of removal of Sections 295 and 120-B from the purview of investigation, there seemed no imminent threat of Khera's arrest, still for being oppressive, the investigation in the FIR of Assam should be quashed.
The FIR against Khera at Lucknow (the leading FIR) had been lodged under Section 153-A, 500, 504 and 505 (2) of the Indian Penal Code, 1860.
Case Title: Sh. Pawan Khera v. State of UP and Others
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