The bench also recorded that both Khera and the Chief Minister had made allegations against each other
Digital Desk: Today, the Supreme Court of India has granted anticipatory bail to Congress leader Pawan Khera in connection with an FIR filed by the Assam Police based on a complaint lodged by Riniki Bhuyan Sarma, wife of Assam Chief Minister Himanta Biswa Sarma.
A bench comprising Justices J.K. Maheshwari and A.S. Chandurkar delivered the judgment on 1st May, a day after reserving its order on Khera’s plea challenging the Gauhati High Court decision that had denied him anticipatory bail.
In its ruling, the apex court set aside the High Court’s order, observing that it was “not based on correct appreciation of all the material on record” and appeared erroneous, particularly for shifting the burden onto the accused.
The court further noted that the allegations and counter-allegations between the parties prima facie appear to be politically motivated and influenced by rivalry, rather than indicating a need for custodial interrogation. It emphasised that the veracity of the claims can be examined during trial.
The bench also recorded that both Khera and the Chief Minister had made allegations against each other, and noted that certain remarks made by the Chief Minister were “unparliamentary” and included threats of arrest.
Considering the overall circumstances, the court held that granting relief was necessary to protect Khera’s personal liberty.
The case stems from an FIR lodged by Riniki Bhuyan Sarma at the Guwahati Crime Branch Police Station, based on allegations that Khera had made public claims accusing her of holding multiple foreign passports and having financial interests abroad.
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