The Supreme Court on Thursday directed release of Congress spokesman Pawan Khera on interim bail when he was produced before a jurisdictional court by the Assam Police which had arrested him from the Delhi airport earlier in the day when he had boarded an Indigo flight to go to Raipur.

While directing grant of interim bail to Khera, the apex court observed that there has to be a “some level of discourse in public debate”.

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Stating that the interim bail to Khera would be effective till February 28, a bench of Chief Justice D Y Chandrachud and Justice M R Shah posted for February 27 the matter for hearing on the clubbing of the three FIRs filed at Lucknow, Varanasi and Assam at one place.

The court issued notice to Assam and Uttar Pradesh on Khera’s plea for the clubbing of the FIRs. It said that in the meantime, Khera will apply for regular bail before the court where all the three FIRs will be clubbed.

The court also recorded a statement by senior advocate Abhishek Manu Singhvi that Khera will tender an apology for distorting the name of the prime minister.  He said in the last 20 years as Congress spokesman, he appeared on TV on several occasions but never said things that are not acceptable.

As Singhvi said that there has to be some “latitude in public debate and proportionality in the offence alleged” , the Additional Solicitor General Aishwarya Bhati pointing to the gravity of the offence twice played the video of the said press conference by Khera wherein he was seen saying, “Narendra Gautamdas Modi despite a prompting that it is Damodardas. Then he is heard asking is it Gautamdas or Damodardas.

Singhvi said the offences lebelled against Khera do not arise from what he had said in the press conference, for which he has already apologised. He said that the provisions of the penal code that have been invoked against Khera involved, upon conviction, a sentence of three years and five years and in such cases, there can be no arrest with issuance of notice.

In three different FIRs against Khera, various provisions of Indian Penal Code has been invoked that include Section 152(A) – promoting enmity between different groups on grounds of religion, race, place of birth, residence. language, etc., and doing acts prejudicial to maintenance of harmony., Section 153B(1) – imputation, assertions prejudicial to national-integration, 500 – punishment for defamation,  504 – intentional insult with intent to provoke breach of the peace, 505 (1) (2) – statements conducing to public mischief and statements creating or promoting enmity, hatred or ill-will between classes.

The Assam complaint on which state police arrested Khera was filed on Wednesday by one Samuel Changsan, who described himself as a ‘social worker’.

“According to the complainant, Khera had made some objectionable remarks about the prime minister a few days back, and there he was trying to vitiate the communal harmony in the society…that is the content of the FIR,” said Prasanta Kumar Bhuyan, inspector general of the Assam Police.

A Delhi Police spokesman said a request was received from the Assam Police for assistance to arrest accused Pawan Khera. “Based upon the same, local assistance was provided and upon the requisition of Assam Police, accused Shri Pawan Khera was detained from Terminal 1 of the IGI Airport and has been subsequently arrested by the Investigating Officer (IO) concerned of Assam Police.”

Prasanta Kumar Bhuyan, in Guwahati said a case against Khera was registered at the Haflong Police Station of the state’s Dima Hasao on Wednesday. “Accordingly, we have registered a case and deputed a team to Delhi to bring Pawan Khera for further interrogation. Right now, our team is in Delhi airport, being assisted by CISF and Delhi Police. They are doing necessary formalities,” he said.