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Synopsis

Pawan Khera is seeking indulgence of the Supreme Court to stall due investigations into deliberate utterances of defamatory words relating to one of the highest Constitutional functionaries of this Country, the State of Uttar Pradesh has submitted before the Top Court.

This submission has been made by UP in a plea filed by Khera seeking consolidation of FIRs filed against him over his alleged statements against Prime Minister Modi.

"At the outset it is most humbly submitted that the relief which survives for consideration by this Hon'ble Court is limited to clubbing and consolidation of all FIRs, lodged pursuant to the deliberate attempt of the petitioner to denigrate a constitutional functionary, in one jurisdiction", the affidavit adds.

Notably, an FIR was registered against Khera on the ground that he had hurt sentiments of people of the Country as he had deliberately ridiculed the late father of the Prime Minister of India.

The FIR adds that the name of the late father of the Prime Minister had deliberately been uttered as Gautam Das by Khera and he had further deliberately and sarcastically stated that though the name is 'Damodar Das' but his work is similar to that of 'Gautam Das'.

SG Tushar Mehta today told a CJI Chandrachud led bench that the reply on behalf of State of UP had been filed. Court then said that it had not gotten the reply.

Accordingly, the bench posted the matter for hearing on March 17, and extended the interim relief granted to Khera till then.

On February 27, the Supreme Court had extended the interim protection granted to Congress Leader Pawan Khera in FIRs filed against him over his alleged statements at a Press Conference against Prime Minister Narendra Modi till March 3, i.e., today.

CJI Chandrachud led bench was then informed by SG Tushar Mehta and ASG Garima Parsad that the states of Assam and UP required time to file their replies in the plea.

Agreeing to their request, the bench listed the case for March 3.

On February 23, the Supreme Court had directed a Delhi Court to grant interim bail to Khera. A bench led by Chief Justice of India DY Chandrachud had taken up the matter after Khera was arrested from the Delhi Airport in the morning.

The matter was first mentioned by Senior Advocate Abhishek Manu Singhvi seeking consolidation of FIRs filed against Khera who was deboarded from the plane and arrested. Singhvi had said that he made some statements that he should not have made. 

Singhvi had argued that "It was an unfortunate statement by Pawan Khera. If one has crossed the boundaries, this cannot be the reaction. The very day he said that it was a mistake. He did a play of words."

Additionally, seeking interim protection, Singhvi had said: "He said it was a mistake, a slip of tongue. Your Lordships can protect him from coercive actions."

Whereas, ASG Aishwarya Bhati had said, "I'm here to inform you that he was arrested, he is being taken for medical and he'll be presented before Court." 

The video wherein Pawan Khera made a statement against the Prime Minister was played in the open court, after which ASG Bhati had said, "Your Lordships will have to go through the Video. If it was a mistake. It was deliberate"

In opposition to the above, Singhvi had said, "This is not how we play in the Court. This is deliberate harassment. He apologized". ASG Bhati then contended, "He (Narendra Modi) is the elected Prime Minister of the largest democracy of the World."

ASG Bhati had also showed the facial expression of Pawan Khera while he made the statement. "He is smiling," ASG Bhati had pointed out.

Case Title: Pawan Khera vs. State of Assam