New Delhi: Congress spokesperson Pawan Khera’s “insulting”, “derogatory” and “defamatory” remarks against Prime Minister Narendra Modi at a press briefing in February were part of a “deep-rooted conspiracy” by “certain vested interests” to destabilise the nation and it was imminent to identify such persons, Assam Police told the Supreme Court.
Justifying its move to arrest Khera, the police said they want to carry out the probe to ascertain why he made the utterances during the press conference. The actions of Khera were not “unintentional”, as can be noticed from the use of the words and his demeanour at the press conference, the police argued, adding that video recording of the conference makes it apparent that the “offences were intentionally planned and perpetrated by him”.
In a 35-page affidavit filed before the SC Friday, Assam Police protested Khera’s request to club the three FIRs – one in Assam and two in Uttar Pradesh (Lucknow and Varanasi) – registered in relation to his statement made at a media interaction last month. Addressing the press meet, Khera had botched up Modi’s name while demanding a probe by a joint parliamentary committee into the Hindenburg Research report on the Adani Group.
The police said they need to ascertain the “motivation” behind the “utterances” and the “ultimate end” Khera wanted to achieve. Whether his remarks make for any offence or not would be decided once the investigation is over, the police submitted in its affidavit, adding that prima facie the offences alleged against Khera in the FIR were made out.
Khera was detained by a team of Assam Police on 22 February when he was boarding a flight for Raipur, Chhattisgarh. He was deplaned and taken into custody in connection with the FIR lodged earlier that same day at Haflong police station in Dima Hasao under various sections of the Indian Penal Code (IPC), including section 153A that penalises “promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”.
A petition was immediately moved in the Supreme Court challenging the arrest, which was heard on 23 February by a CJI D.Y. Chandrachud-led bench that granted Khera interim protection. The Congress spokesperson had also petitioned the court to club the three FIRs registered against him since they arise from a common cause of action.
Also Read: EC appointments: SC says it’s a ‘myth’ court can’t make law, no strict separation of powers in India
‘Pawan Khera will continue committing the offence’
The complainant in the case alleged that Pawan Khera’s “verbal defamatory attack on a high constitutional functionary” is part of a wider conspiracy to “degrade and destabilise the nation”.
The Assam Police were emphatic on Khera’s arrest, claiming that it was necessary to prevent him from committing further offences. It argued that facts show he will “continue committing the offence” and the same “will have serious repercussions on law and order in the district”.
Quoting the contents of the transit remand application filed before the magistrate soon after Khera’s arrest, the police affidavit maintained that his arrest “is required for proper and thorough investigation of the case”.
“..as per the allegations laid out, the matter involves a deep-rooted conspiracy that is going on to destabilise the nation with the hideous intent of discrediting and destabilising the nation by certain vested interests and all the other unknown accused persons need to be identified and evidences discovered,” stated the affidavit.
Khera’s arrest is needed to prevent him from “tampering with the evidence” so that the investigation, which is still in an early stage, does not disappear and that he does not make any “inducements, threats or promise to other persons who are acquainted with the facts of the case so as to dissuade them from disclosing such facts in the investigation”, it added.
Assam Police also sought to draw a distinction between its case and the FIRs registered in Lucknow and Varanasi to buttress its argument that its FIR should be treated as a leading one and the other two may be clubbed with it. According to the affidavit, the FIRs in Lucknow and Varanasi name Khera as a sole accused. However, the FIR in Assam mentions that it is not just against Khera but against “other unknown persons”.
(Edited by Amrtansh Arora)
Also Read: End ‘long’ court vacations, make judges declare assets — parliamentary panel members