SC adjourns hearing on Pawan Khera's plea seeking clubbing of FIRs
Mar 17, 2023
New Delhi [India], March 17 : The Supreme Court on Friday adjourned the hearing on Congress leader Pawan Khera's plea seeking clubbing of FIRs registered against him and extended it interim relief till March 20.
A bench headed by Chief Justice DY Chandrachud adjourned the hearing on Pawan Khera's plea on the request made by his counsel.
The court said that it will take up the matter on Monday.
Earlier, in an affidavit, the Assam police and Uttar Pradesh police opposed Pawan Khera's plea seeking clubbing of FIRs.
Assam police had questioned Khera over his apology before the court whereas UP police said that he is trying to stall investigations into deliberate utterances of defamatory words relating to one of the highest Constitutional functionaries of this country.
The response of the UP and Assam police came on a counter affidavit filed in response to Khera's plea seeking clubbing of FIRs.
In reply, Assam police had told the Supre Court a closer look at the available audio video clearly reveals that Pawan Khera has mischievously uttered sentences only with an extreme degree of irresponsibility and taking the level of discourse at its lowest.
Assam Police had also told the Supreme Court that Pawan Khera has neither tendered any apology in the petition nor has tendered any apology after the Court passed an order on Feb 23 and the submission made before this top court tendering an apology clearly appears to be a practical submission to get a preventive order without any repentance.
Assam Police also cited recent order passed by Apex court whereby it was stated that even an FIR registered subsequently as a leading FIR/First FIR and to be investigated by the investigating agency where the subsequent FIR has been registered. "Such decisions it is respectfully submitted, are taken on the basis of facts and circumstances of a case and Judicial discretion in this respect cannot be scuttled by contending any straight-jacket rule," Assam Government said. Assam Government opposed the prayer of transfer and clubbing of the FIRs.
Three separate FIRs were registered against Pawan Khera for allegedly making an objectionable comment against Prime Minister. One was registered at Halflong Police Station in District Dima Hasao in Assam, and two in Uttar Pradesh.
Lucknow Police and Varanasi Police have lodged separate FIRs against Khera.
Uttar Pradesh Police told the Supreme Court that any interference in the course of an investigation is impermissible, and Pawan Khera is not entitled to seek the intervention of the top court in the course of an investigation.
UP police submitted that the relief which survives for consideration by the Court is limited to clubbing and consolidation of all FIRs, lodged pursuant to the deliberate attempt of the petitioner to denigrate a constitutional functionary, in one jurisdiction.
UP Police said that Khera through his petition is trying to stall due investigations into deliberate utterances of defamatory words relating to one of the highest Constitutional functionaries of this Country.
