The Supreme Court has granted anticipatory bail to Congress leader Pawan Khera in connection with an FIR filed by Assam Police over alleged remarks against Riniki Bhuyan Sarma, the wife of Assam Chief Minister Himanta Biswa Sarma. The Court emphasized the importance of balancing the state’s interest in a fair investigation with an individual’s right to personal liberty under Article 21 of the Constitution.
The apex court highlighted the need for objectivity and caution in applying the criminal process to prevent jeopardizing liberty due to potentially politically motivated proceedings. It directed Khera to cooperate with the investigation, refrain from influencing witnesses, and not leave India without court permission.
During the hearing, arguments were presented regarding reputational harm and defamation, with Khera’s counsel asserting that custodial arrest was unwarranted. The Assam government, represented by Solicitor General Tushar Mehta, contended that custodial interrogation was necessary to uncover the source of allegedly fabricated documents and forged passports.
The case originated from Khera’s statements during press conferences alleging Riniki Bhuyan Sarma’s possession of multiple foreign passports and undisclosed assets, which she denied as fabricated. The Gauhati High Court had earlier rejected Khera’s anticipatory bail plea, leading him to approach the Supreme Court after facing legal challenges.
