Politics – Supreme Court Grants Interim Protection to Congress Leader Pawan Khera
Politics – The Supreme Court on Friday extended anticipatory bail to Congress spokesperson Pawan Khera in connection with a case filed by the Assam Police, overturning an earlier decision of the Gauhati High Court that had denied him relief.
Supreme Court Observes Political Undertones in the Case
A bench comprising Justices JK Maheshwari and AS Chandurkar noted that the circumstances surrounding the case suggested elements of political rivalry. Taking this into account, the court emphasized the importance of safeguarding Khera’s personal liberty at this stage of the proceedings. The order effectively shields him from arrest while the investigation continues.
Allegations Linked to Press Conference Remarks
The case stems from statements made by Khera during a press conference, where he raised allegations against Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma. He claimed that she possessed multiple foreign passports and held undisclosed assets abroad. These remarks led to charges of defamation, forgery, and criminal conspiracy being filed against him by the Assam Police.
Sequence of Legal Proceedings Across Courts
Earlier developments in the case saw Assam Police officials visiting Khera’s residence in Delhi on April 7, although he was not present at the time. Subsequently, he approached the Telangana High Court, which granted him interim protection on April 10 in the form of transit anticipatory bail. This allowed him time to seek legal remedy in Assam.
However, the Assam government challenged this order in the Supreme Court. On April 15, the apex court stayed the Telangana High Court’s decision. Two days later, it declined to extend the transit bail period further, directing Khera to move the Gauhati High Court for relief.
Gauhati High Court Denies Bail
Khera then filed a plea before the Gauhati High Court, arguing that the FIR was politically motivated and that his statements were part of political discourse during a press briefing. He maintained that the case had been selectively pursued to target him.
On April 24, the Gauhati High Court rejected his anticipatory bail application. The court stated that custodial interrogation was necessary to determine the sources of the documents referenced in his allegations. It also observed that while criticism of a political leader may fall within the realm of public debate, involving a private individual without public office raised concerns.
The High Court further remarked that the case went beyond mere defamation and pointed out that Khera had not yet provided supporting evidence for his claims.
Supreme Court Sets Aside High Court Decision
Following the High Court’s refusal, Khera approached the Supreme Court once again. After reviewing the matter, the apex court granted him anticipatory bail, effectively setting aside the earlier ruling. The court’s decision ensures that Khera will not face immediate arrest while the legal process continues.
The case highlights the intersection of political speech, legal accountability, and personal liberty, with courts examining the balance between freedom of expression and the seriousness of allegations made in the public domain.