The Supreme Court on Friday granted anticipatory bail to Congress leader Pawan Khera in the criminal cases registered against him by Assam police.
The court said Khera’s allegations against Assam chief minister Himanta Biswa Sarma’s wife Riniki Bhuyan Sarma were part of electoral politics, pointing out that the BJP leader too had used “unparliamentary” language against the Congress leader in the run-up to the Assembly elections.
A bench of Justices J.K. Maheshwari and Atul S. Chandurkar, however, imposed several conditions, including that Khera should not leave the country without permission of the trial court and must cooperate with the investigating
agency.
The court said: “We are of the view that the allegations and counter-allegations have been made by the appellant as well as by the husband (Himanta) of the complainant (Riniki). Learned solicitor-general (Tushar Mehta) has not defended any of such statements during the course of the hearing, nor is the veracity of the same
questioned.
The court added: “At this stage, we are cognisant of the fact that personal liberty of an individual enshrined under Article 21 of the Constitution of India cannot be put to jeopardy lightly. But at the same time, we are also of the view that for any offences as alleged in the FIR, the investigation should be completed with integrity and in full swing with the cooperation of the appellant.
“We are of the opinion that 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, and the veracity of the allegations can be tested at trial. 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.”
Khera had alleged that Riniki held passports of multiple countries and had invested over ₹50,000 crore in a US firm, which the Congress leader said Himanta had not disclosed in his election affidavit.
Congress MP Abhishek Manu Singhvi, who represented Khera in court, told reporters in Delhi: “The purpose of this media conference — on behalf of the Congress — is to remind ourselves, first and foremost, that whenever personal liberty is at issue, whenever the liberty of citizens is at issue, the courts remain our ultimate bedrock of hope.
“Secondly, it serves as a lesson for everyone — including ourselves: no matterhow high you may stand,the law stands above you. Thirdly, it is an opportunity to rededicate ourselves to the principle that if we maintain this faith in, and commitment to the law, the law will protect us; it will not allow injustice to prevail.”