The Supreme Court on Friday (May 1) granted anticipatory bail to Congress leader Pawan Khera in relation to the FIR lodged against him based on a complaint filed by Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma. The FIR was lodged after Khera alleged that she held multiple passports.
The anticipatory bail was granted by a bench of Justice JK Maheshwari and Justice AS Chandurkar, which on Thursday reserved its verdict on Khera’s appeal to the Gauhati High Court’s dismissal of his anticipatory bail plea.
The top court, in its judgment, released on Friday morning, stated that the High Court’s observation “is not based on correct appreciation of all the material which has been placed on record and appears to be erroneous, in particular shifting the burden on the accused,” reported Live Law.
SC finds fault with High Court order
The top court further stated that the High Court was incorrect in making observations regarding the offence under Section 339 of the BNS despite the FIR not containing any such allegations.
Also Read: SC reserves verdict on Pawan Khera’s anticipatory bail plea in Assam passport row
The case, involving allegations of defamation, forgery and criminal conspiracy, was registered against Khera after he alleged at a press conference that Riniki Bhuyan Sarma, wife of Himanta Biswa Sarma, possessed multiple foreign passports.
Officials of the Assam Police had visited Khera’s residence in Delhi on April 7 in connection with the case, though he was not present at the premises at the time.
Khera seeks interim protection
Khera thereafter approached the Telangana High Court seeking transit anticipatory bail. The High Court, by its order dated April 10, granted him interim protection for a period of one week to enable him to avail appropriate legal remedies before the competent courts in Assam.
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The relief, however, came under challenge before the Supreme Court of India on an appeal preferred by the Assam government, following which the top court on April 15 stayed the operation of the Telangana High Court’s order.
Subsequently, on April 17, the apex court declined to extend the period of transit protection and directed Khera to move the Gauhati High Court for appropriate relief.
Arguments before Gauhati HC
Pursuant to the said direction, Khera approached the Gauhati High Court seeking anticipatory bail. In his plea before the High Court, Khera contended that the allegations against him arose out of statements made during a press conference in a public and political context and that his remarks had been “selectively construed” to initiate criminal proceedings against him.
Also Read: Gauhati HC denies anticipatory bail to Pawan Khera in Assam CM’s wife case
He further submitted that the FIR had been lodged to “satisfy ulterior motive/political vendetta of the complainant”, referring to the complainant, who is the wife of the Assam Chief Minister.
On April 24, the High Court rejected the anticipatory bail plea. The High Court observed that the custodial interrogation of Khera was necessary to ascertain the source of the documents based on which he had alleged that the Assam Chief Minister’s wife possessed three foreign passports and maintained a company in the United States, reported the Bar and Bench.
High Court observations challenged
The High Court further observed that had the allegations been directed solely against the Chief Minister, the same could perhaps have been viewed as political rhetoric, but an “innocent woman” had been brought into the controversy. It also held that the matter could not be treated as a simple case of defamation and noted that Khera had yet to substantiate the allegations made by him.
Aggrieved by the said order, Khera thereafter moved the Supreme Court.
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