Supreme Court Dismisses Pawan Khera's Plea to Quash Criminal Proceedings

Supreme Court Dismisses Pawan Khera's Plea to Quash Criminal Proceedings

04-Jan-2024 | Article by Legal White Official


The Supreme Court, on January 4, rejected Congress spokesperson Pawan Khera's plea to quash criminal proceedings against him related to an alleged remark about Prime Minister Narendra Modi. The bench of Justices BR Gavai and Sandeep Mehta dismissed the special leave petition, which challenged the Allahabad High Court's decision not to quash the criminal proceedings over Khera's 'Narendra Gautam Das Modi' comment made at a Mumbai press conference.


During the hearing, Solicitor General Tushar Mehta, representing the State of Uttar Pradesh, emphasized that the response to Khera's petition was based on the chargesheet. Justice Gavai pointed out that Khera's defense relied solely on apologies, questioning the possibility of dismissing an offense in such a manner. Ultimately, the bench decided against the plea, with Justice Gavai stating, "Sorry, we are not inclined."


Background:

Pawan Khera, a Congress leader and spokesperson, faced controversy over his 'Narendra Gautam Das Modi' remark at a February press conference, resulting in multiple FIRs and his arrest by Assam police. The charges against him include Sections 153A, 153B, 500, 504, and other provisions of the Indian Penal Code.


On February 23, the Supreme Court granted Khera interim bail following his arrest, extending it multiple times. On March 20, the Supreme Court consolidated the FIRs, transferring them to the Hazratganj police station in Lucknow, and allowed Khera to seek regular bail. In August, Khera obtained bail from a local Lucknow court.


Despite Khera's plea for quashing summons and chargesheet, the Allahabad High Court dismissed his request, directing him to raise contentions before the jurisdictional court. The case details are Pawan Khera v. State of Uttar Pradesh & Anr., Special Leave Petition (Criminal) No. 13143 of 2023.

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