SC reserves verdict on Pawan Khera’s anticipatory bail plea in Assam passport row

The Supreme Court on Thursday ( April 30) reserved judgment on the petition filed by Congress leader Pawan Khera seeking anticipatory bail in relation to the FIR lodged by the Assam Police based on the complaint lodged by Assam Chief Minister Himanta Biswa Sarma's wife, Riniki Bhuyan Sarma, over the Congress leader’s allegation that she held multiple passports.

The plea, heard by a bench of Justice JK Maheshwari and Justice Atul Chandurkar, challenged the Gauhati High Court’s rejection of Khera’s plea for anticipatory bail.

Singhvi terms case ‘unprecedented’

During the hearing, Khera’s counsel Dr Abhishek Manu, described the matter as "an unprecedented case", adding that statements were made by statements by the "boss of the boss of the boss of the Prosecutor.” He was referring to the remarks made by Sarma about Khera. Singhvi further stated that Sarma had even said that Khera would spend the rest of his life in an Assam jail.

Also Read: Khera bail rejection sparks row: Lawyers seek recall of HC order over ‘conflict of interest’

"Dr. Ambedkar would turn in his grave if he had imagined that a Constitutional office holder would speak like a Constitutional cowboy or a Constitutional Rambo," stated Singhvi as quoted by Live Law.

Defence questions need for arrest

He argued that the case was essentially based on allegations of defamation and reputational damage, adding that there was no need for arrest or custodial interrogation.

Also Read: Gauhati HC denies anticipatory bail to Pawan Khera in Assam CM’s wife case

"Let me assume I am convicted ultimately. But where is the necessity of arrest? What is there in the case which can be done without an arrest?" Singhvi said,, adding that measures could be taken to ensure that Khera does not flee and cooperates with the investigation.

Police action criticised

"Why is it necessary to humiliate with a custodial interrogation?" he asked. Singhvi further stated that about 50-60 Assam policemen landed in Nizamuddin to arrest Khera, as if "he is a terrorist,” reported Live Law.

Pointing out that Khera was not a "hardened criminal" and was an active politician, Singhvi said that the background renders the grant of relief necessary.

State opposes bail plea

However, Solicitor General of India Tushar Mehta, for the State of Assam, opposed the plea and pointed out how offences are made out.

Mehta argued that Khera had claimed that Sarma’s wife had three passports and showed images of the purported passports during a press conference. But later it was disclosed that the pictures were fake, he added.

Also Read: SC refuses relief to Pawan Khera in case over remarks against Assam CM’s wife

Mehta also argued that Khera’s custodial interrogation was required to determine whether foreign hands were involved in fabricating the passports in the name of Sarma’s wife.

"As an investigating agency, I would like to know how you forged the documents? What was your intent? If you did not forge, who gave it to you? Who were the foreign elements who were interested in interfering with our elections? Cusotdial interrogation is qualitatively different from other forms of interrogation," said Mehta.