The Supreme Court of India on Friday granted anticipatory bail to Congress leader Pawan Khera in a defamation and forgery case filed by the Assam Police, setting aside an earlier order of the Gauhati High Court that had denied him relief.
A bench of Justices JK Maheshwari and AS Chandurkar said the circumstances suggested political rivalry and held that Khera’s personal liberty needed protection at this stage.
Case linked to remarks on Assam CM’s wife
The case stems from statements made by Khera during a press conference, where he alleged that Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma, held multiple foreign passports and had undisclosed assets abroad.
Based on these claims, the Assam Police registered a case accusing Khera of defamation, forgery, and criminal conspiracy.
Legal battle across courts
Police had visited Khera’s residence in Delhi on April 7 in connection with the case, but he was not present. He then approached the Telangana High Court, which granted him interim transit anticipatory bail on April 10.
However, the Supreme Court later stayed that relief following an appeal by the Assam government and asked Khera to approach the Gauhati High Court.
When Khera moved the Gauhati High Court, he argued that the FIR was politically motivated and that his remarks were part of political discourse made in a public setting.
High Court denied relief citing need for interrogation
On April 24, the Gauhati High Court rejected his anticipatory bail plea, stating that custodial interrogation was necessary to identify the sources of the documents used in his allegations.
The court also observed that while criticism of a chief minister may fall within political speech, making allegations against a private individual required stronger justification. It added that Khera had not substantiated his claims.
Supreme Court steps in
Challenging this order, Khera approached the Supreme Court, which has now granted him anticipatory bail, effectively overturning the High Court’s decision.
The apex court’s observation on “political rivalry” played a key role in granting relief, indicating that the case may have broader political overtones.
Case to continue as investigation proceeds
While granting bail, the Supreme Court has not commented on the merits of the allegations, and the investigation into the case will continue.
The ruling offers interim protection to Khera from arrest, even as legal proceedings in the matter move forward.
