In a significant relief to senior Congress leader Pawan Khera, the Supreme Court of India on Friday granted anticipatory bail in a criminal defamation and forgery case registered by Assam Police on a complaint filed by Riniki Bhuyan Sarma, wife of Himanta Biswa Sarma.
The order comes as a setback to the Assam government amid an intensifying political confrontation ahead of the state elections, where allegations and counter-allegations have sharpened the atmosphere.
A bench comprising Justice JK Maheshwari and Justice Atul Chandurkar observed that the personal liberty of an individual, protected under Article 21 of the Constitution of India, cannot be endangered lightly.
“At this stage, we are cognisant of the fact that the personal liberty of an individual enshrined under Article 21 of the Constitution of India cannot be put to jeopardy lightly,” the court said while granting relief.
Bail Conditions Imposed
The top court directed that Khera be released on bail in the event of arrest, subject to reasonable conditions to be imposed by the Investigating Officer. It also instructed the Congress leader to cooperate fully with the probe and appear before investigators whenever summoned.
The court further barred him from influencing witnesses, tampering with evidence, or leaving the country without prior approval from the competent trial court.
Judges also clarified that the trial court would remain free to impose additional conditions during further proceedings if necessary.
How the Matter Reached Supreme Court
Khera had approached the apex court after the Gauhati High Court declined to grant him anticipatory bail earlier.
During hearings last week, senior advocate Abhishek Manu Singhvi, appearing for Khera, argued that the case was one of alleged defamation and did not warrant arrest or custodial interrogation.
“Why is it necessary to humiliate through custodial interrogation?” Singhvi had asked the court, asserting that his client was willing to cooperate and posed no flight risk.
Root of the Controversy
The dispute began after Khera, during a press conference, alleged that Riniki Bhuyan Sarma held passports of multiple countries and had financial interests abroad. The remarks triggered a political storm in Assam.
Rejecting the accusations, Chief Minister Himanta Biswa Sarma termed them “malicious, fabricated and politically motivated,” and announced both criminal and civil legal action.
The controversy has since evolved into a high-profile political and legal battle, reflecting the increasingly combative tone of election-season politics in Assam.
Political Significance
The Supreme Court’s intervention is likely to be viewed as a moral and legal victory for the Congress leader, while also reviving debate over the use of criminal defamation laws and arrest powers in political disputes.
With elections approaching, the case is expected to remain a flashpoint between the ruling Bharatiya Janata Party and the opposition Indian National Congress.
Also Read: Assam CM Regrets Posting Incorrect Bhagavad Gita Interpretation https://www.vibesofindia.com/assam-cm-regrets-posting-incorrect-bhagavad-gita-interpretation/
