New Delhi: The Supreme Court on Friday granted anticipatory bail to Congress leader Pawan Khera in connection with a criminal case filed by Assam Chief Minister Himanta Biswa Sarma’s wife over allegations related to multiple passports and undisclosed overseas assets.
A bench of Justice JK Maheshwari and Justice AS Chandurkar reserved its decision on the Congress leader’s petition challenging the Gauhati High Court’s dismissal of his anticipatory bail application on Thursday.
The top court directed Khera to cooperate with the investigation and appear when summoned, as well as refrain from influencing or tampering with the evidence.
Khera was also told he cannot leave the country without a court’s permission. The Supreme Court also reserved a trial court’s permission to add to these conditions if needed, while also instructing it to disregard documents or facts cited in the bail hearing.
The top court observed that the right to personal liberty under Article 21 of the Constitution “cannot be put to jeopardy lightly.” It said that while considering anticipatory bail, a balance must be struck between the State’s interest in a fair probe and an individual’s fundamental rights.
“At this stage, we are cognizant 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 co-operation of the Appellant,” the top court stated.
It also cautioned that the criminal process should be applied with “objectivity and circumspection,” particularly where proceedings may be influenced by political rivalry.
During the hearing, Khera submitted that if he doesn’t get anticipatory bail in a registered case against him, then the very purpose of pre-arrest bail is gone.
Senior advocate Abhishek Manu Singhvi, appearing for Khera, called this an “unprecedented case” and made sly references to the Chief Minister as the “boss of the boss of the boss of the prosecutor”.
Singhvi told the bench that remarks made by Sarma reflected “venom and malice” from a constitutional authority.
“Dr Ambedkar would turn over in his grave if he had imagined a constitutional holder of office behaving like a constitutional cowboy, a constitutional Rambo,” Singhvi said during the hearing.
He argued that the push for custodial arrest was driven not by legal necessity but by “angst reflected in the constitutional cowboy’s various statements”.
Countering the defence, Solicitor General Tushar Mehta told the court that Khera had been evading investigators and was not cooperating.
“Since the date of the offence, he has been absconding, he is releasing videos that ‘I am not absconding, I am just being safe from a particular Police force’. That is absconding. He is not cooperating,” Mehta argued.
The prosecution maintained that the case involved serious allegations beyond defamation, including the fabrication of documents.
Khera approached the top court after the Gauhati High Court denied his plea on April 24, ruling the senior Congress leader is a ‘flight risk’ and faces serious charges, including cheating and forgery.
A criminal case was registered against Khera by Sarma’s wife Riniki Bhuyan Sharma under multiple sections of the Bharatiya Nyaya Sanhita, including 175 (false statement in connection with an election), 35, 36, 318 (Cheating), 338, (Forgery of valuable will, security etc.), 337 (Forgery of record of court or of public register, etc.), 340 (forged document or electronic record and using it as genuine), 352 (Intentional insult with intent to provoke breach of peace), 356 (Defamation) after Khera alleged that the CM’s wife possessed three passports of UAE, Egypt and Antigua-Barbuda, two properties in Dubai and assets in shell companies.
Assam Police later visited Khera’s residence in Delhi on April 7, but he was not present. He subsequently approached the Telangana High Court on April 10 for transit anticipatory bail, which granted interim protection for a week.
The Assam Police then moved the Supreme Court against the Telangana High Court’s order, and on April 15, the top court, in an interim order, stayed the grant of anticipatory transit bail.
On April 17, the Supreme Court also declined Khera’s plea to vacate the stay imposed by it on the transit anticipatory bail granted to him by the Telangana High Court and directed him to approach the Gauhati High Court.
