Court flags remarks from both Khera and Assam CM
Senior Congress leader Pawan Khera on Friday secured relief from the Supreme Court of India, which granted him anticipatory bail in a case filed by Riniki Bhuyan Sarma, wife of Himanta Biswa Sarma.
A two-judge bench comprising Justices Maheshwari and AS Chandurkar set aside the Gauhati High Court order that had earlier denied him relief.
Court flags remarks from both sides
The court made strong observations, noting that Khera’s remarks appeared politically motivated, while also criticising statements made by the Chief Minister.
“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 right to personal liberty under Article 21 of the Constitution of India,” the court said.
Khera argued against custodial arrest
During the hearing, Khera told the court he should not face arrest in a case involving bailable offences.
His counsel Abhishek Singhvi argued: “Dr BR Ambedkar would turn in his grave if he had imagined that a constitutional office holder would speak like a constitutional cowboy or a constitutional Rambo,” adding, “Let me assume I am ultimately convicted. But where is the necessity of arrest? What is there in the case which can be done without an arrest.”
Assam Police opposed bail
The Assam Police opposed the plea, alleging that Khera used “fake, doctored and fabricated” material regarding passport claims.
Representing the state, Solicitor General Tushar Mehta argued the case required investigation into how the alleged documents were created.
Case background
The case was registered under provisions of the Bharatiya Nyaya Sanhita in Guwahati.
Khera had earlier secured interim relief from the Telangana High Court before being directed by the Supreme Court to approach the Gauhati High Court.
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