Pawan Khera Gets Relief From Supreme Court As Bail Granted In Assam Case, Court Flags Remarks From Both Sides

Senior Congress leader Pawan Khera received relief on Friday after the Supreme Court of India granted him bail in a case linked to allegations he made against Riniki Bhuyan Sarma, wife of Himanta Biswa Sarma, the Chief Minister of Assam.

The case revolves around Khera's claims that Sarma possessed multiple passports, which led to legal action against him.

Supreme Court Sets Aside High Court Order

The bail order was passed by a two-judge bench of the apex court, which overturned an earlier decision by the Gauhati High Court that had denied anticipatory bail to Khera.

While granting relief, the court also made important observations about the conduct of both sides. It noted that some of Khera's remarks appeared to be politically motivated, especially in the context of elections. At the same time, the court pointed out that certain statements made by Himanta Biswa Sarma were also not in line with expected parliamentary standards.

Court Stresses Balance Between Rights and Investigation

In its order, the court highlighted the need to strike a balance between a fair investigation and an individual's right to personal liberty.

It referred to Article 21 of the Constitution, which guarantees the right to life and personal freedom, and said that this right must be protected while allowing authorities to carry out their investigation.

Khera's Argument in Court

During the hearing, Pawan Khera argued that he should not face arrest in a case where the charges are bailable. He said a custodial arrest would be unnecessary and humiliating.

His lawyer, senior advocate Abhishek Singhvi, supported this argument, stating that there was no need for arrest as the investigation could proceed without it. He also expressed concern that Khera might not receive fair treatment if taken into custody.

Assam Police Opposed Bail

The Assam Police strongly opposed granting bail to Khera. Authorities alleged that the documents related to the passport claims were fabricated and needed detailed investigation.

Representing the police, Solicitor General Tushar Mehta argued that investigators must find out how the alleged documents were created and whether others were involved.

Background of the Case

The case was registered under provisions of the Bharatiya Nyaya Sanhita (BNS) at the Guwahati Crime Branch. Earlier, Khera had approached the Telangana High Court and was granted a short-term transit anticipatory bail.

Later, the matter reached the Supreme Court, which directed him to approach the Gauhati High Court before finally hearing the case itself.

The bail granted to Pawan Khera marks a key development in a politically sensitive case. While the investigation will continue, the Supreme Court's order highlights the importance of protecting individual liberty while ensuring that legal processes are followed.