The Congress party expressed satisfaction with the Supreme Court’s decision to grant anticipatory bail to senior party leader Pawan Khera in response to an FIR filed by Assam Police following a complaint from Chief Minister Himanta Biswa Sarma’s wife. Congress emphasized that personal liberty should be upheld and arrest should be a last resort, especially in cases involving alleged defamation.
Congress highlighted that the Supreme Court’s ruling emphasized the importance of the “triple test” criteria – the risk of flight, tampering with evidence, or influencing witnesses – as prerequisites for any arrest. The party, through its representatives Jairam Ramesh and Dr Abhishek Manu Singhvi, stated that the judiciary’s protection against injustice was evident through the legal process that unfolded in various courts.
Dr Singhvi, who also served as Pawan Khera’s counsel, noted that the lower judiciary’s role in preventing executive overreach was exemplified by the rejection of the Assam government’s plea for Khera’s arrest. He argued that the charges were mostly bailable and that custodial interrogation was unnecessary, aligning with established legal principles on anticipatory bail and the presumption of innocence.
The judgment recognized the context of the remarks made during a political campaign, emphasizing the importance of allowing reasonable political speech within democratic systems. The Congress leaders criticized Assam Chief Minister Himanta Biswa Sarma’s statements as “unparliamentary and unacceptable,” urging him to reflect on his language and consider expressing regret, if not an apology, to uphold democratic standards.
