Lucknow Court Rejects Congress Leader Pawan Khera's Discharge Plea In Case Over 'Narendra Gautamdas Modi' Remark

“In the present case, after examining all the papers presented by the police, the court concludes that there is sufficient basis to frame charges against the applicant/accused Pawan Kheda. Keeping in view the totality of the above analysis, the court concludes that the discharge application submitted by the accused/applicant Pawan Kheda is not acceptable,” Chief Judicial Magistrate Hrishikesh Pandey observed in his order passed on January 5.

In its order, the CJM noted that it is a well-established principle of law that a mini-trial cannot be conducted in the case at the stage of disposal of the discharge application and the validity of other arguments raised by the accused in the discharge application can be determined only after appreciating evidence during the trial.

Background of the case

Congress leader and spokesperson Pawan Khera has been embroiled in a controversy over his 'Narendra Gautam Das Modi' remark at a press conference in February last year.

This led to multiple first-information reports being registered against him and the Assam police arresting him in the same month. Khera is facing charges under Sections 153A (promoting communal enmity), 153B (imputations prejudicial to national integration), 500 (defamation), 504 (insult with intent to provoke breach of peace) and other provisions of the Indian Penal Code.

As per the prosecution's case, Kheda harmed the reputation of PM Modi and his father f by associating the name of Adani Group with the name of the father of PM Modi and hence, the offence under Section 500 IPC was made out.

Regarding the commission of the offence under Section 153A IPC, the prosecution has alleged that there was every possibility of the accused Pawan Kheda creating enmity between two groups (supporters of the Indian National Congress and supporters of the Prime Minister).

Further, regarding Section 153B IPC, the prosecution argued that Kheda made every effort to create animosity among the people of India through his statement, which constitutes the offence of Section 153B IPC.

On February 23, 2023, the Assam police arrested Khera from the Delhi airport concerning an FIR registered over the alleged remark.

On the same day as his arrest, the Supreme Court granted Khera temporary relief and directed his release on interim bail till the next date of hearing. The interim relief was later extended from February 28 to March 3, and again till March 17.

On March 20, the Supreme Court clubbed the FIRs registered against him at Varanasi and Assam and transferred them to the Hazratganj police station in Lucknow, Uttar Pradesh. Khera was also granted liberty to apply for regular bail before the jurisdictional court in the matter. In August 2023, Khera was granted bail by a local court in Lucknow.

The Congress spokesperson also approached the Allahabad High Court seeking the quashing of the summons order and chargesheet filed against him. He also tendered alongside an unconditional apology for the purported incident.

The high court, however, declined to grant him any relief and dismissed his plea. Justice Rajeev Singh observed that the evidence collected by the investigating officer could not be assessed by the court during the ongoing proceedings under Section 482 of the Code of Criminal Proceedings. The court also directed Khera to raise all contentions before the jurisdictional court, in terms of the Supreme Court's March 20 directive.