In its order granting interim bail to Congress spokesperson Pawan Khera, the three-judge bench of the Supreme Court — presided over by Chief Justice D Y Chandrachud — framed the issue perfectly: “… we will protect you, but there has to be some level of discourse”. Just hours after Khera was deplaned at Delhi from a Raipur-bound flight by the Assam police, the apex court ordered his release till Tuesday. Multiple FIRs have been filed against Khera in Assam and Uttar Pradesh for using “objectionable words” against Prime Minister Narendra Modi. It is difficult not to see the arrest over what is at worst a distasteful statement as a way to intimidate the opposition and others who disagree with the government. And it is also important to recognise the court’s legitimate flagging of how casually vitriolic the public discourse has become.
The FIRs and the public spectacle the police created by stopping a plane and then making Khera deboard were gross overreactions. The response to “objectionable” political speech cannot be punitive action. The justification offered by Assam Chief Minister Himanta Biswa Sarma for the state police’s actions is telling — he cited the FIRs filed against him in Telangana over statements he had made regarding Rajiv Gandhi. This sort of whataboutery is now par for the political course. Accused by its detractors of curbing free speech or targeting the Opposition, BJP leaders have often invoked the Emergency. In Maharashtra, an actor was arrested for her post critical of Sharad Pawar.
