What was the heinous offence that Khera committed? Instead of “Damodardas,” Khera referred to the late father of Prime Minister Narendra Modi as “Gautamdas.” Whether Khera intended to mock Modi by referencing his close relationship with the embattled billionaire Gautam Adani or it was a genuine slip of the tongue, Khera promptly apologised. And there, in the largest democracy on earth, the matter should have been resolved.

Prime Minister Modi frequently and proudly refers to India as the “mother of democracy.” The rule of law and the freedom of expression are fundamental to a democracy. Let’s start with the rule of law. Which section of the Indian Penal Code (IPC) grants the government, in the form of the police, the authority to detain citizens for violating the prohibition against making fun of Modi or any other politician? Unlike monarchies, India has no penal provisions for lese majeste, which is an offence against the crown.

We are an extremely elated democracy. Modi has frequently referred to Mahatma Gandhi as “Mohanlal” instead of “Mohandas.” I am willing to believe that our prime minister had a genuine slip of the tongue, but if the police can apprehend Khera for a slip of the tongue, shouldn’t this arbitrary intolerance apply equally to all leaders?

Khera is the principal opposition party’s spokesperson, so what message is the Centre sending to the general public, journalists, and activists? You have no freedom of expression; you will be arrested if you say anything the Center does not approve of. This comes after Kerala-based journalist Siddique Kappan was arrested in 2020 for attempting to report the gang rape and murder in Uttar Pradesh’s Hathras. Kappan was detained prior to filing a story. Similarly, a comedian was detained before he could tell a joke at a performance because the police believed that his jokes would incite communal unrest. What kind of nation imprisons a comedian?

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The recent “survey” by the Income Tax Department of the BBC’s offices in Delhi and Mumbai, which lasted three days, occurred just days after the BBC aired (outside of India) a documentary critical of Modi and questioning his involvement in the Gujarat massacres of 2002. The government went so far as to block connections and assault students who attempted to view the documentary. A leader of the BJP referred to the BBC in vulgar terms. In essence, the Government’s overreach gave the BBC massive publicity and signalled to the world that Modi had a thin tolerance for criticism. It is anticipated that Democratic leaders will have broad shoulders to shrug off criticism and not attempt to crush a butterfly on a wheel.

Himanta Biswa Sarma, the former chief minister of Assam who defected from the Congress and joined the BJP, will now play an intriguing role. Sarma, an extremely ambitious politician who is known as a doer within the BJP, hurries into extreme action in an effort to win over Modi’s favour. In the Khera case, the Assam Police were involved because a FIR had been filed in Assam. Jignesh Mevani was detained by the Assam Police for a tweet from Gujarat last year. Sarma appears overly anxious to demonstrate his loyalty to Modi.

As India assumes the presidency of the G-20 with Modi in the international spotlight, is this the visage we wish to present to the world? India cannot afford another Emergency of Indira Gandhi’s magnitude. Let us not repeat our nation’s darkest chapter.

In a democracy, we are all citizens, not bhakts (devotees) of any god other than our Constitution. Let’s not destroy Indian democracy, it is our proudest laurel.

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What led to the Assam Police seizing and arresting Pawan Khera ?

Khera referred to the Prime Minister as “Narendra Gautamdas Modi” on February 17, 2019, while he was speaking at a press conference in Bombay. After consulting with a fellow worker, it seemed as though he made a course correction.

The purpose of the press conference was to bring attention to the demands made by the Congress for a parliamentary investigation into allegations made about the Adani Group by the short-seller Hindenburg Research, which is headquartered in the United States.

The remark caused officials of the BJP to become outraged, and they claimed that it was an insult to Modi. Himanta Biswa Sarma, the Chief Minister of Assam, referred to Khera as a “courtier” and stated that his comments demonstrated that the Congress is “full of entitlement and disdain…”

“India will not ignore or forgive these disgusting comments made by Congressmen.”

Today, the Congress issued a response, and the spokesperson for the party, Randeep Surjewala, demanded to know if the Assam leader – on whose instructions officers said they were acting when they arrested Khera – is “God.”

What took place on the IndiGo aircraft to Raipur, number 6E-204?

Khera was requested to disembark from the aircraft just a few minutes before it was scheduled to take off with him and several of his colleagues, including Supriya Shrinate and Surjewala, en route to the meeting of the Congress in Raipur. Someone informed him that there was a “problem” with the airline tag that was on his baggage. Khera subsequently stated that he did not have any bags that required check-in.

Khera was informed that he was not allowed to leave because a DCP-rank police officer, which is equivalent to a deputy commissioner of police, was on his way to arrest him after he exited the plane, which prompted furious protests from other Congress leaders, who staged a dharna on the tarmac of Delhi’s Indira Gandhi International Airport. Khera’s arrest prompted other Congress leaders to stage a dharna on the tarmac of the airport.

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He stated to the reporters that he waited for several minutes prior to the arrival of officials from both the Delhi Police and the Assam Police. During this entire period, Congress leaders continued their protests on the tarmac, which resulted in IndiGo being forced to de-board every passenger and re-route the remaining passengers to their destinations using alternative flights.

As Pawan Khera was eventually led away by Assam Police, protests on the tarmac intensified, and opposition lawmakers from other parties, such as the chief of the Samajwadi Party and a former chief minister of Puducherry, V Narayanasamy, spoke out in support of the Congress representative.

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Khera was en route to Raipur for the Congress plenary session when he was requested to disembark at Delhi airport and detained by Delhi Police. For his alleged remarks against the prime minister, he was subsequently arrested by Assam Police in connection with a case registered at the Haflong police station under various sections of the Indian Penal Code, including 153A (disturbing religious harmony), 153 B (imputations, assertions prejudicial to national interest), 500 (punishment for defamation), and 504 (intentional insult with intent to provoke breach of peace).

The Congress official petitioned the Supreme Court for relief from the multiple FIRs lodged against him in Assam, Lucknow, and Varanasi, Uttar Pradesh, for his alleged remarks against Prime Minister Modi.Khera had recently misspelt the complete name of Prime Minister Modi in an apparent dig at business magnate Gautam Adani. He maintained, however, that it was merely a mistake of the tongue, and that one should not read too much into it.

Abhishek Singhvi, a senior advocate and party colleague of Khera, argued in the apex court that the language used during the press conference was incorrect and that he would not abide by it. He added that the petitioner would also offer an apology without conditions.”He (Khera) has spoken during a press conference. He has made statements that I cannot repeat in court but that I would not have made myself.”

However, Singhvi argued that the multiple FIRs in various states constituted intentional harassment and urged the Supreme Court to consolidate all FIRs under one jurisdiction.Chandrachud informed Singhvi that his client has been granted protection, but that “there must be some dialogue.”

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The apex court issued notices to the states of Assam and Uttar Pradesh, requesting their responses to Khera’s petition for the consolidation of multiple FIRs lodged against him in Assam, Lucknow, and Varanasi for his alleged comments against the prime minister.

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Abhishek Manu Singhvi, a Rajya Sabha member and prominent advocate, informed the apex court of Khera’s arrest while en route to Raipur. He wanted all FIRs filed against the Congress leader to be consolidated into one.

AS Singhvi, a senior advocate, requested interim relief for Pawan Khera and the consolidation of multiple FIRs that have been filed across the country. Singhvi, who represents Pawan Khera, informed the Supreme Court that the Congress leader has apologised and stated that it was a linguistic error.

In the meantime, the Assam Police attorney informed the Supreme Court that Pawan Khera had been apprehended and would be presented for transit remand.

After hearing the argument in court, the Supreme Court ruled that the petitioner is the head of the Indian National Congress’s media and publicity department. The court noted that Pawan Khera held a press conference in Mumbai, and on February 20, a complaint was filed in Lucknow alleging violations of Indian Penal Code Sections 153a, 500, 504, and 505A. Another FIR was filed on February 22 in Varanasi.

The Supreme Court noted that Pawan Khera’s petition was not for the dismissal of the FIR, but rather for “clubbing of FIRs since all FIRs have the same motive.”
CJI Chandrachud stated, “Dr. Singhvi states that the petitioner has clarified that the statement was erroneous and that he will unconditionally apologise for the statement as it was not his intention to be personally objectionable by using the statement.”

The Supreme Court acknowledged that Pawan Khera’s words, considered at face value, did not lead to the sections cited in the FIR. The judge ordered the transfer and consolidation of all FIRs against Khera.

“To protect the petitioner until he petitions for regular bail before the jurisdictional court in relation to all FIRs, we direct that the petitioner be released on interim bail by the Delhi Court until the next date of listing,” the Supreme Court order stated.

WHY WAS PAWAN KHERA ARRESTED?

On February 17, police stations in Lucknow, Varanasi, and Assam filed FIRs against Khera for making denigrating remarks about Prime Minister Modi during a press briefing on the Adani-Hindenburg dispute.

Congress asserted that Khera was detained after disembarking a flight to Raipur in relation to his alleged remarks against Prime Minister Narendra Modi.

The Delhi Police requested Khera, against whom an Assam case has been registered, to deplane. In protest, Congress leaders staged a dharna on the tarmac.

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According to the Assam Police, a case has been opened at the Haflong police station and Khera has been charged with criminal conspiracy and inciting communal disharmony for his alleged remarks against the prime minister.

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