Comment About PM: Allahabad HC Issues Notice To UP Govt On Congress Leader Pawan Khera's FIRs Quashing Plea

The Allahabad High Court today issued notice to the Uttar Pradesh Government on Congress Spokesperson Pawan Khera's plea seeking quashing of FIRs against him for his alleged 'Narendra Gautam Das Modi' Remark against Prime Minister Narendra Modi.

Khera has moved the High Court days after Supreme Court clubbed the FIRs against him at Varanasi and Assam over the alleged comment and transferred them to Police Station, Hazratganj, Lucknow. Seeking quashing of the FIRs, Khera has also sought a stay on the investigation in the cases.

Narendra 'Gautam Das' Remark Row: #AllahabadHighCourt issues notice to the #UttarPradeshGovernment (@UPGovt) on Congress Spokesperson Pawan Khera's (@Pawankhera) plea seeking quashing of FIRs against him.@narendramodi pic.twitter.com/CRMyea3lsJ

— Live Law (@LiveLawIndia) April 6, 2023

Before the bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari, appearing for Khera, Senior Advocate JN Mathura informed that although in the FIR registered at Assam, several other Sections that were invoked by the informant, respondent no. 6, however, the Investigating Officer has issued a notice to the petitioner under Section 41 (A) of the CrPC under only Sections 153-A, 153-B(1)/ 500/504/505(1)(b)/505(2) I.P.C. and directed him to make his statement.

He further argued that though on the removal of Sections 295 and 120-B from the purview of investigation, it seems that there is no imminent threat of arrest of the petitioner, but still, the investigation itself be quashed as it is oppressive and not made out from a bare perusal of the allegations in the FIR.

However, taking note of the final order passed by the Supreme Court on March 20, the High Court observed that top Court has already given Khera interim protection and also the option for applying for regular bail before the jurisdictional Court, hence there is no need to grant any interim order as of now.

Further, directing the state and private respondents to file counter affidavits by the next date of listing (May 4).

Khera was arrested by Assam police from Delhi airport over his comment about Prime Minister Narendra Modi on 23rd February 2023. On the same day, the Apex Court granted Khera an interim relief and stated that he should be released on interim bail on production before the jurisdictional Magistrate at Delhi. The interim bail was later extended from 28th February 2023 to 3rd March 2023, and then till 17th March 2023 and thereafter, till April 10.

Senior Advocate JN Mathur assisted by Advocates Karan Sharma, SM Abid, Rohit Kaliyar, Mohit Siwach and Sheeran M Alvi appeared for the petitioner. AGA Shiv Nath Tilhari appeared for the State Respondents.

Click Here to Read/Download Order