In fresh trouble for Congress leader Pawan Khera, the Supreme Court on Thursday dismissed his petition challenging the Allahabad high court order refusing to quash criminal proceedings against him for making objectionable remarks targeting Prime Minister Narendra Modi, paving the way for his trial.
At a press conference in Mumbai in February 2023, Khera had called the prime minister "Narendra Gautam Das Modi", a comment that did not go down well with BJP leaders and supporters, and was seen as a reference to industrialist Gautam Adani.
Prime Minister Modi writes his full name as Narendra Damodar Das Modi, with Damodar Das being his father's name. In several Indian states, people use their father's name as middle name, and Khera tinkering with it drew sharp criticism and protests.
A bench of Justices B R Gavai and Sandeep Mehta said it was not inclined to interfere with the high court order.
"You go on seeking apologies and apologies. Sorry, we are not inclined," the bench told senior lawyer Salman Khurshid, who appeared for Khera.
During the brief hearing, Solicitor General Tushar Mehta, appearing for Uttar Pradesh, told the court that a reply to Khera's petition has been submitted on the basis of the charge sheet filed in the case.
Salman Khurshid requested the apex court to grant some time to file a rejoinder which was declined.
The bench, while dismissing the plea, remarked, "Wishing away an offence, is that possible?”
Khera had moved the top court against the August 17, 2023, order of the high court, which had dismissed his plea saying the evidence collected by the investigating officer of the case cannot be evaluated in the petition filed under Section 482 of the Code of Criminal Procedure (CrPC) for quashing the case.
The high court observed that since the top court had asked Khera to raise all his contentions before the jurisdictional court in Lucknow, it would be appropriate for him to put forth his grievances before the said court.
On March 20 last year, the apex court had clubbed three FIRs lodged against Khera in Assam and Uttar Pradesh over his remark and transferred them to Hazratganj police station in Lucknow. It had also extended Khera's interim bail.
The Lucknow court had later granted him regular bail in the case.
Khera has tendered unconditional apology in the court for his remark.
The Congress spokesperson was arrested from Indira Gandhi International Airport in Delhi on February 23 last year after he was de-boarded from a plane that was supposed to take him to Raipur. However, he was granted interim bail by the top court the same day, which was extended from time to time.
