Bench of Justices B.R. Gavai and Sandeep Mehta grants relief in plea challenging FIR over remarks on former Prime Minister
Background of the Case
The Supreme Court granted anticipatory bail to Congress leader Pawan Khera in an FIR registered by the Assam Police.
A Bench comprising Justice B.R. Gavai and Justice Sandeep Mehta passed the order while hearing Khera’s plea for protection from arrest.
The FIR relates to remarks allegedly made by Khera against former Prime Minister Rajiv Gandhi. The police invoked provisions of the Indian Penal Code dealing with promoting enmity and making derogatory statements.
Therefore, Khera approached the Supreme Court seeking anticipatory bail and protection from coercive action.
Submissions Before the Court
Khera argued that the allegations arose from a political speech. He submitted that the case did not require criminal prosecution or arrest.
He also contended that custodial interrogation was not necessary. Moreover, he argued that the allegations did not justify denial of anticipatory bail.
On the other hand, the State opposed the plea. It relied on the FIR and the nature of the allegations to argue against bail.
Supreme Court’s Observations
The Court examined the FIR, the allegations, and the facts of the case. It also considered whether the police required custodial interrogation.
The Bench noted that the case related to statements made during a political speech. Therefore, it assessed whether the alleged offences justified arrest at that stage.
After considering the material, the Court found it proper to grant protection. It noted that the case did not require custodial interrogation at that stage.
Final Directions
The Supreme Court granted anticipatory bail to Pawan Khera in the Assam FIR, subject to conditions.
The Court directed that, in the event of arrest, the authorities must release him on bail as per the terms fixed by the Court.
As a result, the order protects Khera from coercive action in the matter.
