Opinion Pawan Khera’s arrest: An attack on the Constitution, a tactic to intimidate Opposition

The arrest reeks of impunity, gives new meaning to process as punishment.

Salman Anees Soz writes: "The real issue is that the BJP wants to defang our right to freedom of speech and expression enshrined in Article 19 by expanding the definition of “reasonable restrictions” on this right."

Salman Anees Soz

New DelhiFebruary 25, 2023 12:24 PM IST First published on: Feb 25, 2023 at 12:24 PM IST

I was talking to Pawan Khera on the bus as we headed to catch a flight to Raipur, where the AICC Plenary is being held. It was a catching up among friends and some discussion about our party’s prospects, challenges and opportunities as we get closer to the 2024 Lok Sabha election. Little did we know that just a few minutes later, he would be deplaned and that about 50-odd Congress members would be protesting on the tarmac against an operation to arrest him. Pawan Khera’s arrest is no ordinary matter. It is an attack on the Indian Constitution. It reeks of impunity, gives new meaning to process as punishment, and yet again demonstrates that the ruling party is using public institutions as private militias.

Let me first say something about Pawan. He is an inherently decent person who came up under the guidance of the late Sheila Dixit. Anyone who knows Pawan will testify that he would never intentionally disrespect any elder, much less the Prime Minister’s father. However, that is not at issue here. The real issue is that the BJP wants to defang our right to freedom of speech and expression enshrined in Article 19 by expanding the definition of “reasonable restrictions” on this right. The defanging can happen in different ways but the most effective, it appears, is by making Opposition leaders think twice before they make any public statement. Once the Opposition is under control, the general public will automatically fall in line.

Explained | Why Congress leader Pawan Khera has been booked, and what Supreme Court said

In Pawan’s case, FIRs were lodged in Assam and Uttar Pradesh. He was accused of criminal conspiracy, promoting enmity on grounds of religion, race, place of birth, defamation, intentional insult with intent to provoke a breach of the peace etc. After throwing the kitchen sink at him, Assam Police was dispatched promptly to arrest him while Pawan was flying to attend our party’s plenary: Imagine the tactics and their impact on Opposition leaders and the general public. Intimidating us into silence is the real goal. As a BJP spokesperson outlined in a TV discussion that I was a part of, insulting PM Modi will not be tolerated in the Northeast. Presumably, the Constitution does not apply in Assam and the Northeast. BJP leaders will decide what we may or may not say.

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The Supreme Court quickly issued an interim bail order in Pawan’s case but that is not going to stop BJP leaders from circumventing constitutional protections to punish Opposition leaders. The BJP knows it cannot secure a conviction against Pawan Khera. So, the process will be punishment. We have seen this before and it has singed many innocent people. The more we accept it, the more BJP will do it. If you think this is about Pawan Khera, you are dead wrong. This is about you and your families and the kind of country you want to live in. The Congress wants expansion of our rights. The BJP wants unreasonable restrictions on those rights. The choice couldn’t be starker.

(The writer is an economist, author, and commentator. He is the Deputy Chairman of the All India Professionals’ Congress)