The Supreme Court on Thursday granted anticipatory bail to Congress leader Pawan Khera in a case registered against him by the Assam Police, reported Bar and Bench.
Earlier in the day, a bench of Justices JK Maheshwari and AS Chandurkar had reserved its verdict on Khera’s petition challenging the Gauhati High Court’s order from April 24 denying him anticipatory bail, according to Live Law.
The police have filed a case of defamation, forgery and criminal conspiracy against Khera based on a complaint by Riniki Bhuyan Sarma, wife of Assam Chief Minister Himanta Biswa Sarma.
Riniki Bhuyan Sarma had filed a complaint against the Congress leader after he claimed on April 5 that he had documentary evidence showing she holds passports of the United Arab Emirates, Egypt, and Antigua and Barbuda. The chief minister and his wife denied the allegations. They also alleged that Khera’s claims were based on forged documents.
On April 10, the Telangana High Court granted Khera transit anticipatory bail for a week. Transit anticipatory bail is a temporary protection from arrest granted in one state to enable persons to approach the courts where the case has been filed.
However, the Supreme Court stayed the High Court order on April 15 and directed Khera to approach the Gauhati High Court instead.
After the High Court rejected his petition, he moved the Supreme Court.
In the Supreme Court judgement that was made public on Friday, the bench held that the High Court’s observations were “erroneous” as they had shifted “the burden on the accused”.
The court held that the allegations and counter-allegations made in the matter seem to be “politically motivated and seemingly influenced by such rivalry, rather than disclosing a situation warranting custodial interrogation”.
The allegations could be tested during trial, Live Law quoted the bench as saying.
“The right to personal liberty is a cherished fundamental right, and any deprivation thereof must be justified on a higher threshold, particularly where the surrounding circumstances may indicate the presence of political overtones,” it added.
The bench directed Khera to cooperate with the investigation and told him not to leave the country without the approval of the court. Besides, he was directed not to tamper with evidence.
The judgement also made a record of “unparliamentary remarks” made by Himanta Biswa Sarma about Khera.
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