Pawan Khera: Congressman Pawan Khera was granted anticipatory bail by the Supreme Court in connection with a defamation and forgery case involving false accusations made against Riniki Bhuyan Sharma, the wife of Assam Chief Minister Himanta Biswa Sarma. In a defamation and forgery case involving accusations against Assam Chief Minister Himanta Biswa Sarma, Congressman Pawan Khera filed a plea appealing a Gauhati High Court ruling refusing him anticipatory relief. The Supreme Court reserved its decision earlier on Thursday.
Pawan Khera: Supreme Court Grants Anticipatory Bail In Defamation Case Linked To Assam CM Himanta Biswa Sarma’s Wife
Pawan Khera: Before rendering a decision, a bench consisting of Justices JK Maheshwari and Atul S Chandurkar heard arguments from Senior Advocate Abhishek Manu Singhvi on behalf of Khera and Solicitor General Tushar Mehta on behalf of the Assam government. Assam Chief Minister Himanta Biswa Sarma’s remarks were sharply condemned by Singhvi, who claimed that Sarma was behaving like a constitutional cowboy. “Dr BR Ambedkar would turn over in his grave if he had imagined a constitutional functionary behaving like a ‘constitutional cowboy’ or a ‘constitutional Rambo’,” the senior attorney remarked. He maintained that since his client is not a flight risk, Khera’s custodial custody was not warranted in a defamation lawsuit.
Pawan Khera’s Argument
Pawan Khera: “There is no risk of flight; interrogation is possible. The necessity of an arrest is the question. “Why is humiliation through custodial arrest necessary?” he asked. Singhvi contended that all of the accusations brought against Pawan Khera are bailable, including Section 339 (forgery under BNS), which he asserts was inserted incorrectly afterward and was not even included in the initial FIR. Arrest should only be used as a last resort, he said, especially for such crimes. He said that as liberty is a matter of right rather than privilege, the Gauhati High Court ruling declares that he (Khera) does not deserve the “privilege” of an anticipatory bail. Singhvi added that it’s a case where “venom” and “malice” are spewing out of the prosecution owing to political pressure.”This is a case where venom and malice spewing out of the prosecutors’ bosses bosses bosses boss!”, he remarked.
Pawan Khera’s Case: What Is All About?
Pawan Khera: Singhvi further argued that the police had unjustly used several accusations, absconding, evidence manipulation, and political interference. The Assam government’s Solicitor General of India (SGI), Tushar Mehta, emphasised the “seriousness of the allegations” made against Khera while defending the necessity of custodial interrogation in the case. Mehta contended that Khera is being prosecuted for allegedly fabricating official documents, which the investigation has already shown to be false. He emphasised the necessity of conducting a comprehensive investigation to identify the creators of components like passport seals, QR codes, and other official indicators.
Pawan Khera: Mehta argued that the investigation must determine who falsified the documents, whether Khera had accomplices, and whether the alleged crimes had broader ramifications, such as potential foreign connections during an election season. He further argued that Khera has been “absconding” since the date of the offence, releasing tapes while staying out of the reach of the authorities. Riniki Bhuyan Sarma, the wife of Assam Chief Minister (CM) Himanta Biswa Sharma, filed the formal complaint against Khera after Khera claimed at a news conference that she had several foreign passports and undeclared foreign assets.
Pawan Khera: Khera was instructed to attend the appropriate court in Assam after the Supreme Court refused to prolong the transit anticipatory relief that the Telangana High Court had granted him. It did clarify, nevertheless, that the jurisdictional court’s examination of his plea would not be impacted by its prior observations. The Telangana High Court had granted Khera one-week transit anticipatory bail, but the highest court clarified its earlier ruling to the extent that it would not negatively impact the jurisdictional court that would decide Khera’s case. Khera then went to the Gauhati High Court, but he was turned down. He subsequently appealed the High Court’s decision to the Supreme Court. The Supreme Court heard arguments from both parties and reserved its decision.
(With Inputs From ANI)
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