By NE NOW NEWS
Guwahati: The Supreme Court of India on Thursday granted anticipatory bail to Congress leader Pawan Khera in connection with an Assam Police case linked to remarks made against Assam Chief Minister’s wife Riniki Bhuyan Sarma, while sharply criticising observations made earlier by the Gauhati High Court.
A Bench comprising Justices J K Maheshwari and Atul S Chandurkar observed that the High Court’s findings appeared “erroneous” and were not based on a proper appreciation of the material placed before it.
The apex court further noted that the allegations and counter-allegations in the matter appeared to be “prima facie politically motivated” and stemmed from political rivalry rather than circumstances warranting custodial interrogation.
Allowing Khera’s appeal against the April 24 order of the Gauhati High Court, the Supreme Court directed that he be granted anticipatory bail in the event of arrest, subject to conditions imposed by the investigating officer.
The court also held that the High Court had unnecessarily shifted the burden onto the accused and made observations regarding provisions of the Bharatiya Nyaya Sanhita (BNS) that were not even invoked in the FIR.
The Supreme Court directed Khera to cooperate with the investigation, refrain from influencing witnesses or tampering with evidence, and not leave the country without prior permission from the competent court.
Clarifying the scope of its order, the Bench said its observations were confined to the consideration of the bail plea and would not affect the merits of the investigation or any future trial proceedings.
The development triggered a fresh political exchange, with senior Congress leader Abhishek Manu Singhvi urging the Assam Chief Minister to reconsider his position in the matter in light of the Supreme Court’s observations.
Speaking after the verdict, Singhvi said the remarks recorded by the apex court should prompt introspection “regardless of Monday’s outcome”. He said several public statements made during the course of the controversy were “highly inappropriate” and had lowered democratic standards.
Singhvi also pointed out that most of the charges levelled against Khera were bailable and questioned the manner in which the case had been pursued.
Stressing the importance of democratic freedoms, he said political dissent must remain protected in a democracy and warned that freedom of speech comes under threat when dissenting voices are curtailed.
Singhvi said the case also raised concerns over attempts to criminalise political dissent and warned against shrinking democratic space.