[BREAKING] Supreme Court grants interim bail to Pawan Khera; issues notice to UP, Assam on plea to club FIRs

The Supreme Court on Thursday granted interim bail to Congress spokesperson Pawan Khera, booked by the Uttar Pradesh and Assam Police for botching up the name of Prime Minister Narendra Modi at a press conference. [Pawan Khera vs State of Assam and anr].The order was passed by a bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and MR Shah on a plea that Khera moved in the Supreme Court immediately after he was arrested by the Assam Police from the Delhi airport on Thursday."In order to enable the petitioner to apply for regular bail before the jurisdictional court, upon the FIRs being transferred to one jurisdiction, we direct that the petitioner shall be released on interim bail by the court of the competent Magistrate at Delhi where he is to be produced this evening". the Court ordered.Pertinently, the Court also sought the response of the States of Uttar Pradesh and Assam on Khera's prayer to club multiple first information reports (FIRs) registered against him in those States."We are inclined to entertain the petition confined to the issue as to whether the FIRs should be clubbed in one and the same jurisdiction. Such a course of action has been previously adopted by this Court in Arnab Ranjan Goswami v Union of India. We have also noticed the submission which has been urged by senior counsel appearing on behalf of the petitioner that the words taken at their face value as reflected in the FIRs do not establish an offence punishable under the provisions which have been invoked in the FIRs ... notice shall issue, at this stage, to the States of Assam and Uttar Pradesh", the order said. Khera has been booked for offences under Section 153A (promoting enmity between different groups on grounds of religion, race, place of birth etc.) and Section 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the Indian Penal Code (IPC)..At a recently held press conference, Khera had botched up PM Narendra Modi's name while demanding a joint parliamentary probe into the Adani-Hindenburg row."If Narasimha Rao could form a JPC (Joint Parliamentary Committee), if Atal Bihari Vajpayee could form a JPC, then what problem does Narendra Gautam Das...sorry Damodardas Modi have?" Khera had said.He later appeared to confirm the middle name with a colleague.The BJP has alleged that Khera deliberately flubbed the name.Khera was picked up from the Delhi airport after he had boarded a plane to Chhattisgarh's Raipur where he was headed for a meeting of the All India Congress Committee (AICC).He was deplaned and then taken by the Assam Police based on a first information report (FIR) registered against him..Senior Advocate Abhishek Manu Singhvi, appearing for Khera, submitted that multiple first information reports (FIRs) have been registered against Khera."Lucknow, Assam, Varanasi ... Assam police deplaned him and now he is in airport and to be taken to Dwarka court," Singhvi said. "Delhi airport?" the CJI asked. "Yes. Now UP police too will come," Singhvi said.He also maintained that the Khera had not deliberately flubbed PM Modi's name but it was a slip of tongue. "I genuinely got confused that whether it is Gautamdas or Damodardas".. he also apologised and said this was a mistake... Please protect him from arrest," Singhvi said. Singhvi also questioned how provisions penalising hate speech and hurting religious sentiments could be invoked in this case."For any amount of political dialogue... sections like 153(a) or 295(a) IPC cannot be invoked for this," Singhvi said..Additional Solicitor General Aishwarya Bhati, appearing for the State of Assam, said that the statement by Khera was made deliberately."This statement is made with an intent so that public discourse is taken away and it incites public disaffection. It is against a duly elected Prime Minister of the country. It is deliberate and calculative," the ASG contended.She also submitted that arrest has been made and that Khera can pursue other remedies.The ASG also passed on a video of the press conference to the bench."Please see the demeanor of the statement made.. It will be clear (whether) it is intentional or not intentional.. Please see the video. See the facial expression... he is smiling.. He says kaam hai yeh and naam hai yeh.. he is the Prime Minister in question," Bhati said..Advocates Muhammad Ali Khan, Abishek Jebaraj, Omar Hoda, Uday Bhatia, Reyna Shruti, Eesha Bhakshi, and Karan Sharma also represented Khera.Advocates Shuvodeep Roy, Sai Shashank, Deepayan Dutta, Poornima Singh, and Digvijay Dam also appeared for the respondent-States.[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.