Congress leader Pawan Kheda gets anticipatory bail, Supreme Court gives relief in CM Himanta Biswa Sarma’s wife case

New Delhi: Senior Indian National Congress leader and media department head Pawan Kheda has received important legal relief from the Supreme Court. The Supreme Court granted him anticipatory bail in the case registered by Assam Police. This case is based on allegations related to Riniki Bhuyan, wife of Assam Chief Minister Himanta Biswa Sharma.

What is the whole matter?

Pawan Khera had claimed in a press conference that the Chief Minister’s wife holds several foreign passports and has undeclared assets abroad. After these statements, Assam Police registered a case of defamation, forgery and criminal conspiracy against him. Kheda says that his statements were in a political context and the FIR was registered out of political vendetta.

Guwahati High Court’s decision

Earlier, on April 24, the Gauhati High Court had rejected Kheda’s anticipatory bail plea. Making strong remarks, the court said that Kheda has dragged an innocent woman into the controversy.

According to the High Court, custodial interrogation is necessary to find out the source of the documents. The court also said that this is not a case of ordinary defamation and the allegations are yet to be proved.

Supreme Court’s decision and arguments

Supreme Court Justice J.K. Maheshwari and Justice A.S. Chandurkar’s bench quashed the order of the Gauhati High Court. The court said that the circumstances of the case point towards political rivalry. Therefore, it is necessary to protect Kheda’s personal freedom.

During the hearing, senior lawyer Abhishek Manu Singhvi, on behalf of Kheda, argued that this is a political matter. Citing some comments of the Assam Chief Minister, he said that if Kheda is arrested, he cannot be treated properly. Singhvi compared the Chief Minister "constitutional cowboy" Or "rambo" and sought to protect personal liberty (Article 21).

On behalf of the Assam government, Solicitor General Tushar Mehta argued that Kheda has presented fake and tampered documents. He stressed the need for custodial interrogation so that the source of the documents and other possible people could be traced.

Complete timeline of events

7 April: Assam Police reached Kheda’s house in Delhi.
April 10: Granted transit anticipatory bail from Telangana High Court.
15-17 April: Supreme Court bans transit bail and asks to go to Guwahati High Court.
24 April: Gauhati High Court rejected the petition.
30 April: Supreme Court granted anticipatory bail.