The Supreme Court of India on Friday granted anticipatory bail to Congress leader Pawan Khera in connection with a case registered in Guwahati over allegations he made against the wife of Assam Chief Minister Himanta Biswa Sarma, Riniki Bhuyan Sharma.
During the hearing, the apex court observed that both the allegations made by Khera and the case filed against him appeared to be outcomes of political rivalry.
The court also directed Khera to cooperate fully with the ongoing investigation and not to interfere with evidence or leave the country without prior permission from the trial court.
Court Notes Political Context
In its order, the apex court observed that both Khera’s allegations and the criminal case filed against him appeared to stem from political rivalry. The bench also took into account public statements made by Chief Minister Himanta Biswa Sarma targeting Khera.
The court recorded remarks attributed to Sarma, including statements such as, “I will turn Pawan Khera into ‘Pawan Peda’,” and “If my government returns to power, Pawan Khera will remain in an Assam jail for the rest of his life.” These comments were considered relevant in assessing the political backdrop of the case.
The case was registered in Guwahati following allegations made by the Congress leader against the Assam Chief Minister’s wife, leading to charges including defamation and forgery.
A bench of Justices J.K. Maheshwari and A.S. Chandurkar had earlier reserved its order on Thursday after hearing arguments from both sides.
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Assam CM Made Remarks Like 'Constitutional Rambo: Khera
Pawan Khera on Wednesday told the Supreme Court of India that Assam Chief Minister Himanta Biswa Sarma was acting like a “constitutional cowboy” or “Rambo” in his alleged remarks against him in connection with the criminal case.
Senior advocate Abhishek Singhvi, appearing for Khera, argued that the allegations were a matter of trial and did not warrant arrest.
He submitted that several sections invoked in the case were bailable, while others did not require custodial interrogation. Singhvi also contended that denying anticipatory bail would defeat the very purpose of pre-arrest protection, PTI reported.
Opposing the plea, Solicitor General Tushar Mehta, representing the Assam government, alleged that Khera had circulated “fake and doctored” passport copies of the Chief Minister’s wife and made false claims regarding her citizenship.
He further argued that Khera had been evading authorities while continuing to make public statements.
Representing the Assam Police, Solicitor General Tushar Mehta contended that the case extended beyond defamation. He argued that the alleged fabrication of government documents constituted serious offences under Sections 337, 338, and 339 of the Bharatiya Nyaya Sanhita (BNS), and that custodial interrogation was necessary to determine the source of the documents.
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Background Of The Case
The case stems from allegations made by Khera during a press conference that Riniki Bhuyan Sharma possessed multiple passports and undisclosed properties abroad. Following these claims, Sharma filed criminal complaints against Khera and others at the Guwahati Crime Branch under provisions of the Bharatiya Nyaya Sanhita.
Khera had challenged an April 24 order of the Gauhati High Court denying him anticipatory bail.
Earlier, the Telangana High Court had granted him a seven-day transit anticipatory bail. However, the Assam Police approached the Supreme Court, which stayed that relief and directed Khera to seek remedy before the Gauhati High Court.