The Supreme Court on Thursday reserved its verdict on a plea filed by Congress leader Pawan Khera challenging the rejection of his anticipatory bail application by the Gauhati High Court. The case relates to a criminal complaint registered by the Assam Police over alleged remarks made by Khera concerning the wife of Assam Chief Minister Himanta Biswa Sarma.
A bench comprising Justices J.K. Maheshwari and Atul S. Chandurkar reserved judgment after hearing detailed arguments from both sides. Senior advocate Abhishek Manu Singhvi, representing Khera, argued that the case essentially involved allegations of defamation and reputational harm, which, he said, did not warrant custodial interrogation or arrest. He emphasised that personal liberty under Article 21 of the Constitution should not be curtailed unnecessarily.
Singhvi further contended that even if the allegations were accepted at face value, there was no compelling need for arrest. He described the police action as disproportionate, stating that a large contingent of officers had been deployed to detain Khera despite most charges being bailable. He also argued that Khera, being a public figure, was neither a flight risk nor a habitual offender, and could cooperate with the investigation without being taken into custody.
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Opposing the plea, Solicitor General Tushar Mehta, appearing for the Assam government, argued that the case extended beyond defamation and involved serious allegations of forgery and fabrication of documents. He told the court that Khera had allegedly circulated doctored copies of passports and documents related to a company purportedly linked to the Chief Minister’s wife, which investigators later found to be fake.
Mehta stressed that custodial interrogation was necessary to trace the origin of the forged materials, identify potential accomplices, and examine whether there was any larger conspiracy, including possible foreign involvement. He also alleged that Khera had been evading investigation since the FIR was registered, and maintained that questioning in custody was qualitatively different from routine interrogation.
The FIR against Khera includes charges under provisions of the Bharatiya Nyaya Sanhita related to forgery, cheating, false statements, and defamation. The Gauhati High Court had earlier denied him anticipatory bail, observing that the case involved cognisable offences beyond simple defamation. The Supreme Court’s forthcoming verdict will determine whether Khera is granted protection from arrest as the investigation continues.
Also Read: Gauhati High Court Reserves Order On Pawan Khera’s Anticipatory Bail In Assam Case