The Supreme Court of India has dismissed a Special Leave Petition filed by Pawan Khera, the spokesperson for the Indian National Congress, the country’s largest opposition party. The petition aimed to quash a criminal complaint against Khera concerning comments he made about Prime Minister Narendra Modi.
A Special Leave Petition is a legal procedure outlined in Article 136 of the Indian Constitution, typically employed when a litigant wishes to contest a lower court’s decision. Khera’s case hinged on the judgment of a High Court in Uttar Pradesh, which had refused to dismiss the criminal complaint against him, under section 482 of the Code of Criminal Procedure (CrPC). Section 482 gives the High Court the authority to prevent the misuse of any court procedure and ensure justice is served. This power includes the ability to quash a complaint, effectively dismissing the case against the petitioner.
Khera’s legal proceedings originate from accusations that he intentionally insultedPrime Minister Modi in a press conference in February. Khera referred to the Prime Minister as “Narendra ‘Gautamdas’ Modi,” a deviation from Modi’s birth name, “Narendra ‘Damodardas’ Modi.” The modification of ‘Gautam’ reportedly references allegations from the opposition party claiming that the Government unjustly protects the Adani Group, led by Gautam Adani. Members of Modi’s Bharatiya Janta Party (BJP) also alleged that the nickname insulted Modi’s father, whose name was Damodardas.
Khera was arrested following his remarks and later released on bail. The matter has stirred considerable controversy in the run-up to the general elections, scheduled for between April and May 2024. The elections will determine the future prime minister for India, heightening the already tense political climate.