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M. R. SHAH, PAMIDIGHANTAM SRI NARASIMHA, D. Y. CHANDRACHUD
Pawan Khera – Appellant
Versus
State Of Assam – Respondent
ORDER :
1. The petitioner is the Chairperson of the Media and Publicity Department of the Indian National Congress. He held a press conference on 17 February 2023 in Mumbai. On 20 February 2023, a complaint was lodged at the Hazratganj Police Station in Lucknow, which was converted into an FIR bearing No 65/2023 for offences punishable under Sections 153A, 500, 504 and 505(2) of the Indian Penal Code 18601[“IPC” ]. On 20 February 2023, another FIR bearing No 86/2023 was registered at Varanasi for offences punishable under Sections 153A, 295A and 505 of IPC. Today (23 February 2023), the petitioner was deboarded from an Indigo flight travelling from Delhi to Raipur on the ground that he was to be arrested by the Assam Police.
2. A communication has been addressed by SI Lakhindra Saikia of Haflong Police Station, Dima Hasao, Assam to the SHO, Police Station, Domestic Airport, New Delhi stating that the petitioner is required to be apprehended in connection with Haflong PS Case No 19 of 2023 for offences punishable under Sections 153A/153B(1)/500/504/505(1)(b)/505(2) and 120B of IPC.
3. The jurisdiction of this Court under Article 32 of the Constitution has been invoked for diverse relie
Petition under Article 32 of Constitution of India cannot be entertained for quashing FIRs when petitioner has alternate remedy under Section 482 of Code of Criminal Procedure 1973 before jurisdictio....
The court has the authority to transfer and club FIRs in one jurisdiction, and can extend interim bail to enable the petitioner to apply for regular bail before the jurisdictional court.
The court emphasized the specific nature of the offenses under different State enactments and recent judgments in declining to grant the relief sought by the petitioner under Article 32 of the Consti....
The High Court emphasized the need for strict compliance with the Supreme Court's directions regarding the uploading of FIRs and the exercise of power to prevent the abuse of process of court.
The judgment emphasizes the importance of proximate and direct nexus between expression and public disorder, and the need for evidence to establish mens rea in cases involving incitement of violence.
The court has the authority to grant liberty for urgent listing, direct the production of the petitioner before a specific court, and prohibit precipitate steps against the petitioner in connection w....
The serious threat to the life and liberty of the petitioner warranted the transfer of FIRs to the Delhi Police and the clubbing of FIRs for investigation. The petitioner was also allowed to pursue a....
Freedom of speech and expression, as well as the reasonable interpretation of speech in the context of political activism and public discourse.
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