'Allegations appear politically motivated': Why SC granted Pawan Khera bail
What's the story
The Supreme Court on Friday granted anticipatory bail to Congress leader Pawan Khera in a defamation and forgery case filed by the Assam Police. The bench, comprising Justices JK Maheshwari and AS Chandurkar, set aside the Gauhati High Court's order denying him anticipatory bail, observing that political rivalry was evident in this case, thus necessitating protection of Khera's personal liberty.
Court
'Appear to be politically motivated and seemingly influenced by rivalry'
"The allegations and counter-allegations, as apparent in the present case, prima facie, appear to be politically motivated and seemingly influenced by such rivalry, rather than disclosing a situation warranting custodial interrogation," the court observed. The case against Khera was filed by the Assam Police after he alleged in a press conference that Assam Chief Minister Himanta Biswa Sarma's wife, Riniki Bhuyan, possesses several foreign passports and undeclared assets abroad.
Allegations detailed
Court on right to personal liberty
The court emphasized that "the right to personal liberty is a cherished fundamental right, and any deprivation thereof must be justified on a higher threshold, particularly where the surrounding circumstances may indicate the presence of political overtones." It also observed that the observation made by the Gauhati High Court "is not based on correct appreciation of all the material which has been placed on record and appears to be erroneous, in particular shifting the burden on the accused."
Legal proceedings
Arguments by defense
Appearing for Khera on Wednesday, senior advocate Abhishek Manu Singhvi called this an "unprecedented case" and indirectly referred to the chief minister as the "boss of the boss of the boss of the prosecutor." Referring to certain public statements made by Sarma, Singhvi said he cannot read them in open court as there are "unprintable" words. "Dr. Ambedkar would turn in his grave if he had imagined that a Constitutional officeholder would speak like a Constitutional cowboy or...Rambo," Singhvi submitted.
Bail rejection
His plea was rejected by Gauhati HC
The Telangana High Court had initially granted him bail but it was stayed by the SC. On April 17, it refused to extend Khera's transit bail and asked him to approach the Gauhati High Court. The high court rejected his plea, saying custodial interrogation was needed to identify those who provided him documents for his allegations. It observed that if Khera had only targeted Sarma, it would have been political rhetoric, but he involved an "innocent woman" in the controversy.