Supreme Court grants pre-arrest bail to Pawan Khera in case vs Assam CM's wife

In a major relief to Pawan Khera, the Supreme Court on Friday granted anticipatory bail to the Congress leader in connection with a criminal defamation and forgery case filed by Assam Police on a complaint by Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma.

A bench of the top court observed that allegations and counter-allegations had been made by both Khera and the husband of the complainant. It noted that the personal liberty of an individual, as enshrined under Article 21 of the Constitution, cannot be put in peril.

Granting relief to Khera, the Supreme Court said, “At this stage, we are cognisant of the fact that the personal liberty of an individual enshrined under Article 21 of the Constitution of India cannot be put to jeopardy lightly.”

A bench of Justice JK Maheshwari and Justice Atul Chandurkar heard the matter after Khera knocked on the Supreme Court’s doors following the rejection of his anticipatory bail plea by the Gauhati High Court.

The court directed that he be released on bail in the event of his arrest, subject to reasonable terms and conditions as deemed fit by the Investigating Officer.

It further directed Khera to cooperate with the investigation and appear before the police as and when required. He has also been asked not to influence or tamper with evidence during the course of the investigation or trial, and not to leave the country without prior permission of the competent court.

The Supreme Court also said that the trial court is at liberty to impose any additional conditions, if deemed necessary, during the course of the trial.

Last week, the Supreme Court had reserved its judgment, with Khera’s counsel Abhishek Manu Singhvi arguing that his client neither posed any flight risk nor was unwilling to cooperate with the probe.

“Why is it necessary to humiliate through custodial interrogation?” he asked, pointing out that it was merely a case of defamation.

Calling the case “unprecedented,” Singhvi pointed out that the statements made publicly by Sarma were “unprintable” and added that he had even threatened Khera with a lifetime in prison, likening the comments to those of a “constitutional cowboy” and a “constitutional Rambo.”

The case stems from Khera’s allegations that Riniki Bhuyan Sarma held multiple foreign passports and had financial interests abroad.

Ahead of the Assam elections, a political controversy erupted over Khera’s claims at a press conference that Riniki Sarma possessed passports from three countries and had amassed significant wealth abroad.

Dismissing the allegations as a political gimmick ahead of the polls, Sarma said they were “malicious, fabricated, and politically motivated,” adding that both he and his wife would file criminal and civil defamation suits.