Top court sets conditions, stresses Article 21 safeguards; sharp exchanges mark earlier hearing
Guwahati: In a significant relief to Congress leader Pawan Khera, the Supreme Court on Friday granted anticipatory bail in a criminal case registered by Assam Police over allegations of defamation and forgery. The case stems from a complaint filed by Riniki Bhuyan Sarma, wife of Chief Minister Himanta Biswa Sarma.
A bench comprising Justice J.K. Maheshwari and Justice Atul Chandurkar observed that the dispute involved serious allegations from both sides. However, it underlined the importance of constitutional safeguards, noting that “the personal liberty of an individual under Article 21… cannot be lightly put at risk at this stage.”
The court directed that in the event of arrest, Khera must be released on bail, subject to conditions imposed by the investigating officer. It further instructed him to cooperate fully with the probe, remain available for questioning, avoid influencing witnesses or evidence, and seek prior permission before travelling abroad. The trial court has also been given liberty to impose additional conditions if required.
Earlier during the hearing, Senior Advocate Abhishek Manu Singhvi, appearing for Pawan Khera, made strong remarks, referring to the Chief Minister as a “constitutional cowboy” and “constitutional Rambo,” while alleging bias and political hostility. He argued that the case was largely defamation-based and questioned the need for arrest, stating Khera was neither a flight risk nor uncooperative.
Opposing the plea, Solicitor General Tushar Mehta contended that “forged” and “manipulated” documents had been circulated, necessitating custodial investigation to trace their origin and intent.
Consequently, while granting relief, the court balanced investigative needs with the protection of individual liberty.
Also Read: Zubeen Garg Case: Shyamkanu Mahanta Denied Bail in Court, Flags Flight Risk
