NEW DELHI:A Delhi court on Thursday granted interim bail to Congress leader Pawan Khera following the order passed by the Supreme Court, hours after he was arrested at the Delhi Airport by the Assam Police in a case related to an alleged remark against Prime Minister Narendra Modi.
Chief Metropolitan Magistrate (CMM) Archana Beniwal granted interim bail to Khera on furnishing a bond of Rs. 30,000. The court granted the relief after considering the order passed by the Supreme Court earlier in the day. It was received through email at around 6 PM.
The court granted the relief after hearing the submissions made by Randeep Surjewala and the Assam police.
Assam police sought the transit remand of Pawan Khera.
Randeep Surjewala submitted to the court that Assam police have not complied with the guidelines of the Arnesh Kumar case. He submitted that the grounds of arrest have not been provided and communicated.
He also said, “I am the pairokar of the person being detained by the police. The matter was taken up today by the Chief Justice of India (CJI). CJI passed an order stating that the person be released on interim bail. CJI was very gracious to pass the order.
The court asked Surjewala when can we expect the order?
He submitted that it might take an hour or hour and a half. Everything is under 7 years.
Surjewala submitted that grounds of arrest were not supplied. FIR was supplied later at 4.10 PM
He argued that the plane was stopped at the tarmac and the man was pulled out as if he was a terrorist.
Even though the term used is offensive, section s 153A and 153B IPC is not applicable, Surjewala submitted.
On the other hand, the public prosecutor said that the matter is out of the jurisdiction of the Assam police.
Soorjewala rebutted, “I have not seen such a flagrant violation of the law. They stop a moving plane and pull him out. They don’t give a copy of the FIR they give it before your honour. They are in contempt. They have read something new in Arnesh Kumar.
They cannot take him to the locker room once the SC has stated the order at 3.10, Surjewala argued.
Earlier today, the Supreme Court directed the Dwarka court to grant interim relief to Pawan Khera.
The apex court granted interim protection to Khera and issued notice to Assam Police and UP Police on Congress leader Pawan Khera’s plea seeking clubbing of FIRs.
Supreme Court said, “Till the next date of hearing, the petitioner will be released on interim bail by Dwarka court.”
Senior Advocate AS Singhvi sought interim relief for Khera and consolidation of FIR since several are being registered across the country.
Senior Advocate apprises SC about multiple FIR lodged against Khera. He also apprises SC that he was arrested by Assam Police.
Senior Advocate Singhvi tells SC Khera is at Delhi airport right now as he has been stopped from boarding flight.
Lawyer tells SC that because it includes multi-state FIRs, we had to come here.
Singhvi tells SC Khera apologised and said it was a mistake, slip of tongue.
Lawyer appearing for Assam tells SC that he has been arrested and will be presented before court for transit remand.
Additional Solicitor General Bhati, appearing for Assam Police, said, “We will show the video then we will see if it was a mistake.”
In the hearing, CJI DY Chandrachud said, “We will consolidate all FIRs before one police station and they can approach one judicial forum for appropriate relief. SC is watching the video now.”
ASG Bhati said to SC that, see Pawan Khera’s facial expression after making the statement.
Earlier, the Assam Police registered a case against the Congress leader in the Dima Hasao district.
The Congress leaders protested after Khera was stopped by Delhi Police from boarding the plane at the airport.
In a video shared on Congress’s Twitter handle, Pawan Khera said that he does not know why was he deboarded.
“I don’t know. I was told that your baggage has to be checked. I said I do not have any luggage except a handbag. When I came down, I was told that I cannot go, a DCP would come. We are waiting for the DCP for the last 20 minutes. I don’t know why I am being stopped,” he said.
Khera that he is “ready to fight the long battle” soon after Assam Police arrested him in the national capital.
“We will see (in which case they are taking me). It’s a long battle and I’m ready to fight,” said Khera as Delhi Police took him after he was deboarded from an aircraft at Delhi airport.
Delhi Police said that a request was received from Assam Police for assistance in the arrest of accused Pawan Khera in case FIR No. 19/2023, PS Dima Hasao, District Haflong, Assam.
“Based upon the same, requisite local assistance was provided and upon the requisition of Assam Police, accused Shri Pawan Khera was detained from Terminal 1 of IGI Airport and has been subsequently arrested by the IO concerned of Assam Police,” a Delhi Police official told.
“Necessary legal action shall follow,” they added.