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Pre-arrest bail for Pawan Khera in case linked to Assam CM's wife, SC says allegations 'politically motivated'
The Supreme Court of India, on Friday, granted anticipatory bail to Pawan Khera in a case filed by the Assam Police on a complaint by Riniki Bhuyan Sarma
The Supreme Court, on Friday, granted anticipatory bail to Congress spokesperson Pawan Khera in a case filed by the Assam Police on a complaint by Riniki Bhuyan Sharma, wife of Himanta Biswa Sarma, over his allegation that she held multiple passports.
The Court said that the allegations and counter-allegations appear to be "politically motivated", which does not require a custodial interrogation.
A bench of Justices JK Maheshwari and Atul S Chandurkar heard submissions by senior advocate Abhishek Manu Singhvi for Khera and counter-arguments by Solicitor General Tushar Mehta for the Assam government before reserving judgment.
Khera had challenged the Gauhati high court order which denied him anticipatory bail in the defamation and forgery case linked to allegations against Sarma.
Singhvi argued that custodial arrest of Khera was not required in a defamation case when his client is not a flight risk and available for interrogation. "The question is the necessity of arrest. Why is it necessary to humiliate by custodial arrest?" he said. Singhvi argued that the charges invoked against Pawan Khera are bailable, including Section 339 (forgery under BNS), which he claims was wrongly added later and does not even form part of the original FIR.
Representing the Assam government, Mehta argued that custodial arrest of Pawan Khera was necessary given the “seriousness of the allegations” against him.
He alleged fabrication of official documents and said a thorough probe was needed to determine who created elements such as passport seals, QR codes, and other official markers. Mehta further contended that Khera had been evading the investigation since the date of the offence, claiming he had been “absconding” while continuing to release videos and remain out of reach of authorities.
What is the case?
The FIR against Khera was lodged by Riniki Bhuyan Sarma, wife of the Assam Chief Minister (CM) Himanta Biswa Sharma, after Khera alleged at a press conference that she held multiple foreign passports and undisclosed overseas assets.
Earlier, the Supreme Court had declined to extend the transit anticipatory bail granted to Khera by the Telangana high court, directing him to approach the competent court in Assam. However, it clarified that its earlier observations would not prejudice the jurisdictional court's consideration of his plea.
However, the top court had clarified its earlier order in which it had stayed the one-week transit anticipatory bail granted to Khera by the Telangana High Court to the extent that the same will not have any adverse influence on the jurisdictional court, which would decide over Khera's plea.
Subsequently, Khera approached the Gauhati High Court, where he was denied relief. He then moved to the Supreme Court, challenging the High Court order. The Supreme Court heard arguments from both parties and reserved its decision.
(With ANI inputs)
