In a notable legal reprieve for Pawan Khera, the Supreme Court has granted the Congress leader anticipatory bail in a criminal defamation and forgery case. The proceedings were initiated by the Assam Police following a complaint from Riniki Bhuyan Sarma, the wife of Assam Chief Minister Himanta Biswa Sarma.
The bench, consisting of Justice JK Maheshwari and Justice Atul Chandurkar, stepped in after the Gauhati High Court had earlier refused to grant Khera protection. It was pointed out by the judges during the hearing about the exchange of accusations and counter-accusations between Khera and the Chief Minister. It was emphasised that the freedom of an individual, as granted under Article 21 of the Constitution, should not be taken lightly.
It was held that if there were any arrests made by the police, then Khera would have to be released on bail. Khera has been asked to cooperate with the probe, attend police summons when asked, and refrain from tampering with evidence or influencing the trial. He has also been barred from leaving the country without the express permission of the court.
This case arises out of allegations made by Khera at a press conference prior to the upcoming elections in Assam, where he accused Riniiki Bhuyan Sarma of having passports of three nations and of maintaining considerable financial interests in foreign lands. The allegations were immediately condemned by the Chief Minister as “fabricated” and politically motivated.
Abhishek Manu Singhvi, senior advocate representing Khera, challenged the necessity of "humiliation" of his client through the process of custodial interrogation in a case that can be regarded as a matter of defamation. According to Singhvi, the case is unparalleled as he criticized the threats of life imprisonment made by the Chief Minister of Rajasthan. He compared such behaviour to that of a "constitutional cowboy." In the meantime, the investigation continues, while the verdict of the Supreme Court guarantees freedom for Khera.
Also read: Pawan Khera approaches SC after HC denies anticipatory bail
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