Pawan Khera Gets Pre-Arrest Bail Over Remarks Against Himanta Sarma’s Wife

The Supreme Court has givem Congress leader Pawan Khera anticipatory bail in the matter of allegedly defamatory remarks against Assam Chief Minister Himanta Biswa Sarma‘s wife, Riniki Bhuyan Sarma. The court directed Khera to cooperate with the investigation and appear when summoned, as well as refrain from influencing or tampering with the evidence.

Khera was also told he cannot leave the country without a court’s permission. The top court also reserved a trial court’s permission to add to these conditions if needed, while also instructing it to disregard documents or facts cited in this hearing.

In its order the bench of Justice JK Maheshwari and AS Chandurkar said the prima facie the allegations and counter-allegations seemed to be “politically motivated”, and noted “under such circumstances, there is no necessity to take the accused into custody for interrogation”.

“The right to personal liberty is a cherished (and) fundamental right, and any deprivation thereof must be justified on a higher threshold, particularly where the surrounding circumstances may indicate the presence of political overtones,” the order read.

“Having regard to the aforesaid considerations, we are of the opinion that while adjudicating an application for anticipatory bail, a careful balance must be struck between the State’s interest in ensuring a fair investigation and the individual’s fundamental… in this context, the criminal process must be applied with objectivity and circumspection so as to ensure individual liberty is not imperilled by proceedings that may be coloured by political rivalry.”

The Supreme Court, therefore, set aside a Gauhati High Court order refusing anticipatory bail in order to protect the Congress leader’s personal liberty.

The court also noted it had heard statements by the Chief Minister about what he might do if he returns to power after the Assam Assembly election that was held this month.

Results for the election are out on May 4.

On Thursday the top court had reserved its verdict on Khera’s plea.

The hearing included strong remarks from both sides.

Senior advocate Abhishek Manu Singhvi, appearing for Khera, called this an “unprecedented case” and made sly references to the Chief Minister as the “boss of the boss of the boss of the prosecutor”. The reference was to comments by Sarma that Singhvi declined to reproduce in court, calling them “unprintable” and contenting himself with telling the court his client had been threatened with life imprisonment. “Dr Ambedkar would turn in his grave if he imagined that a constitutional office-holder would speak like a cowboy or Rambo,” Singhvi declared.

RECAP | “Not Hardened Criminal”: Pawan Khera’s Bail Plea Plays Out In Supreme Court

Singhvi also pointed out the bulk of charges against his client were defamation and reputational damage, and neither called for arrest or custodial interrogation, as had been sought. “Let me assume I am convicted ultimately…” he said, “But where is the necessity of arrest? What is there in the case which cannot be done without an arrest?”

In response, Mehta insisted custodial interrogation of Khera is needed to establish the source of photographs and documents the Congress leader offered to back up his statements about the Chief Minister’s wife. The Solicitor General referred darkly to “foreign elements interfering with our elections (Assam voted April 9)” and also claimed Khera had been “absconding”.

“`

Khera approached the top court after the Gauhati High Court denied his plea last week, ruling the senior Congress leader is a ‘flight risk’ and faces serious charges, including cheating and forgery. It also reasoned the alleged comments were directed at a private individual – the Chief Minister’s wife – and not Sarma himself, which could have been labelled ‘political rhetoric’.

RECAP | “Flight Risk”: Gauhati High Court Told As Pawan Khera Suffers Bail Setback

Accordingly, the Gauhati High Court ruled that custodial interrogation of Khera is required to establish the source and authenticity of documents he cited to make his allegations.

This is the second time in two weeks Pawan Khera has appeared before the Supreme Court in this matter; on April 17 he was told the court would not vacate its stay on a Telangana High Court grant of transit bail. That order — also delivered by Justice Maheshwari and Justice Chandurkar — would have prevented him from being arrested by police from Assam.

RECAP | “Am I A Terrorist?” Another Court Setback For Congress’ Pawan Khera

The case follows an April 4 press conference in which Pawan Khera alleged Chief Minister Himanta Sarma’s wife held passports from three countries. He also accused Riniki Sarma of involvement in illegal activities.

He alleged she also owns undisclosed luxury properties in Dubai that are registered to a company in a US state.

The Sarma family has strongly denied these claims, terming the documents “AI-generated fabrications” circulated by Pakistani social media groups. A complaint was subsequently lodged with Guwahati Police.