Big Relief: Supreme Court Grants Anticipatory Bail To Congress Leader Pawan Khera In Assam FIR

New Delhi: After three high courts, one setback after another, and weeks of legal wrangling, the Supreme Court finally granted relief to Congress leader Pawan Khera. In the defamation and forgery case of Assam Police, Justice J.K. Maheshwari and Justice A.S. Chandurkar's bench granted him anticipatory bail. The court said that personal freedom is enshrined in Article 21 of the Constitution; it cannot be endangered just like that.

What allegation did Khera make?

In the press conference, Khera had claimed that Riniki Bhuyan Sarma, wife of Assam Chief Minister Himanta Biswa Sarma, has several foreign passports. He also claimed to have undeclared luxury properties abroad and links with shell companies. Along with these allegations, he also showed the alleged passport photographs. Riniki retaliated by filing a case in the Guwahati Crime Branch under several sections of the Indian Justice Code. 

What happened in Delhi on 7th April?

50-60 Assam Police personnel reached Khera's Delhi residence, but he was not at home. Khera's lawyer Singhvi later said in the Supreme Court that if so many policemen go to arrest a leader, it seems as if they are out to arrest a terrorist.

How did the matter keep wandering from Telangana to Guwahati?

Khera first obtained seven days' transit bail from the Telangana High Court. Assam Police reached the Supreme Court and that relief stopped. Then the Supreme Court asked him to go to Gauhati High Court. There too he returned empty handed. The High Court said that custodial interrogation is necessary to find out the source of fake documents. This is not a direct case of defamation. 

Why did the Supreme Court tilt the scale in favor of Khera?

The court acknowledged that there have been allegations and counter-allegations from both sides and the political color is clearly visible in the case. Singhvi told the bench that Chief Minister Sarma himself had said that Khera would have to stay in Assam jail for the rest of his life. Singhvi called it "constitutional cowboy" and "constitutional Rambo" language which does not suit a chief minister. 

Granted bail, but what are the conditions?

Khera will have to cooperate in the investigation and the relief is not unconditional. You will have to be present whenever the police calls. Stop tampering with evidence. And if you want to leave the country, you will have to first take permission from the court. If the trial court wants to impose more conditions, it can also do so. The Supreme Court's approval was given and the arrest was postponed. But the fight is still long.