Kamal Ghorui
NEW DELHI: The Supreme Court on Friday granted anticipatory bail to Congress leader Pawan Khera, directing him to cooperate with the investigation, appear before police when summoned, and not tamper with evidence. The court said he cannot leave the country without prior permission and allowed the trial court to impose additional conditions, while clarifying that its observations will not affect the merits of the case and proceedings should continue independently.A bench of Justices JK Maheshwari and Atul S Chandurkar set aside the Gauhati High Court order denying pre-arrest protection and said, “While adjudicating an application for anticipatory bail, a careful balance must be struck between the State’s interest in ensuring a fair investigation and the individual’s fundamental right to personal liberty under Article 21.” The court added, “We are of the opinion that the allegations and counter-allegations, as apparent in the present case, prima facie, appear to be politically motivated and seemingly influenced by such rivalry, rather than disclosing a situation warranting custodial interrogation.”Granting relief, the top court directed that Khera be released on anticipatory bail in the event of arrest, subject to key conditions. He has been asked to cooperate with the investigation, appear before the police whenever summoned, and refrain from influencing witnesses or tampering with evidence. The court also directed that he must not leave the country without prior permission of the competent court, while allowing the trial court to impose additional conditions if required.The Supreme Court clarified that its observations on documents and facts are limited to the bail stage and will not affect the merits of the case. It also said that the trial court should proceed independently without being influenced by its remarks.
Top court flags ‘political rivalry’ in proceedings
The bench emphasised that criminal law must be applied with caution, stating, “The criminal process must be applied with objectivity and circumspection so as to ensure that individual liberty is not imperilled by proceedings that may be coloured by political rivalry.”It also found fault with the Gauhati High Court’s reasoning, noting that it had incorrectly relied on provisions not invoked in the FIR and had shifted the burden onto the accused. “In our view, the observations made by the High Court in the order impugned are not based on a correct appreciation of all the material placed on record and appear to be erroneous,” the apex court said.The case stems from allegations that Khera, during press conferences on April 5 in Delhi and Guwahati, claimed that Riniki Bhuyan Sarma held multiple foreign passports and undisclosed overseas assets. She denied the allegations and filed an FIR, accusing him of using fabricated documents.Appearing for Khera, senior advocate Abhishek Manu Singhvi argued that the case pertained to reputational harm and did not warrant custodial arrest, maintaining that Khera was willing to cooperate and was neither a flight risk nor likely to tamper with evidence.Opposing the plea, Solicitor General Tushar Mehta, representing the Assam government, argued that forged documents had been publicly circulated and that custodial interrogation was necessary to trace their origin and any wider conspiracy.The FIR, registered by the Assam Crime Branch, invokes provisions related to forgery, cheating, false statements and defamation under the Bharatiya Nyaya Sanhita.
