'Not just insulting, defamatory and derogatory but also provocative,' Assam govt tells SC on Pawan Khera’s comment on PM [Read Affidavits]

NEW DELHI: The Assam government has told the Supreme Court that Congress spokesperson Pawan Khera's statement against Prime Minister Narendra Modi and his deceased father is "not just insulting, defamatory and derogatory but also provocative", besides being a part of wider conspiracy to degrade and destabilise the nation.

In a written response, the state government opposed Khera’s plea to club the three FIRs against him at one place, saying "it would be of paramount importance to allow free and fair investigation in the interest of justice and truth".

"At the outset, it is pointed out that apart from the fact that there cannot be any apology for having committed a criminal offence, it is manifest that only the counsel for the petitioner has stated that the petitioner tenders an apology. The petitioner has neither tendered any apology in the petition nor has tendered any apology after this court passed an order on February 23, 2023”.  

It also contended the submission made before the court tendering an apology clearly appears to be a tactical submission to get a preventive order without any genuine remorse or repentance.

“A closer look at the available audio video clearly reveals that the petitioner has mischievously uttered sentences not only with an extreme degree of irresponsibility but reducing the level of discourse at its lowest,” it added.

The response also said that the FIR lodged by Assam police is wider in scope and may be treated as the leading FIR and other FIRs ( two registered in UP) may be transferred and clubbed.

“It is seen that the FIR registered at Dima Hasao, Assam is qualitatively different in its scope, as compared to the FIRS at Lucknow and Varanasi. Thus, even the scope of investigation, especially the criminal conspiracy being a distinct offence, would need to be independently investigated," it said.

In its affidavit, the Uttar Pradesh government said that the petitioner sought indulgence of the apex court to stall due investigations into deliberate utterances of defamatory words relating to one of the highest constitutional functionaries of the country.

In reference to Lucknow FIR, the affidavit said: “It was stated in the FIR that the name of the Late father of the Prime Minister has deliberately been uttered as Gautam Das by the petitioner and he has further deliberately sarcastically stated that though the name is 'Damodar Das' but his work is similar to that of 'Gautam Das'”.

The investigating agencies at Lucknow and Varanasi are in the process of ascertaining the truth and in that process have recorded statements of complainants and other witnesses. The investigating agencies are following due mandate of law as enshrined in the Code of Criminal Procedure as well as directions passed by the apex court in a catena of judgments, it said.

Opposing Khera’s plea, the UP government's reply said, “The petition under Article 32 of the Constitution constitutes an attempt of leapfrogging the routine normal procedure available under the CrPC”.

On Friday, the top court extended the interim bail granted to Khera and listed the matter for further hearing on March 17.

Within hours of his arrest from Delhi, Khera was on February 23 ordered to be released on interim bail by the top court.

“We have protected you but there has to be some level of discourse,” the bench had then said. 

[Read Affidavits]