Top court overturns High Court decision
New Delhi: Senior Congress leader Pawan Khera received relief from the Supreme Court of India on Friday after it granted him bail in a case linked to remarks about Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma. The apex court set aside an earlier order of the Gauhati High Court, which had denied anticipatory bail.
Court stresses balance between liberty and investigation
A two-judge bench, including Justices Maheshwari and AS Chandurkar, emphasized the need to balance individual rights with the requirements of investigation. “A careful balance must be struck between the State’s interest in ensuring a fair investigation and the individual’s fundamental right to personal liberty under Article 21 of the Constitution of India,” the court observed in its order.
Arguments against custodial arrest
During the hearing, Khera argued that custodial arrest was unnecessary, stating that the charges against him were largely bailable. He told the court he should not be subjected to “humiliation” through arrest when legal provisions did not mandate it.
Defence calls case ‘unprecedented’
Senior advocate Abhishek Singhvi, representing Khera, argued that his client might not receive fair treatment if taken into custody. He described the case as “unprecedented” and questioned the need for arrest even if the matter proceeds to trial.
Background of the case
The case stems from allegations made by Khera regarding multiple passports, which led to legal action by Riniki Bhuyan Sarma. The development had triggered a political exchange between Congress leaders and the Assam government led by Himanta Biswa Sarma.
Relief after reserved order
The Supreme Court’s decision comes a day after it had reserved its verdict following detailed arguments from both sides. With bail now granted, Khera has secured interim relief while legal proceedings in the matter continue.
