SC grants anticipatory bail to Pawan Khera
The Supreme Court has granted anticipatory bail to Congress leader Pawan Khera in a case related to making allegations against Assam Chief Minister Himanta Biswa Sarma’s wife, saying the matter appears to have stemmed from political rivalry.
A bench of Justices JK Maheshwari and AS Chandurkar, in its order uploaded on Friday, granted the pre-arrest bail to Khera subject to certain conditions. The court had on Thursday reserved its verdict in the matter.
Khera has alleged that Sarma’s wife possessed multiple passports and undisclosed properties abroad.
“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,” the court said.
The appellant (Khera) is directed to be released on anticipatory bail in the event of his arrest in the crime branch police station and on such reasonable terms and conditions which may be put by the Investigating Officer as deemed fit, it directed.
The top court said it is of the opinion that while adjudicating an application for anticipatory bail, a careful balance must be struck between the State’s interest in ensuring a fair investigation and the individual’s fundamental right to personal liberty under Article 21 of the Constitution.
The bench directed Khera to cooperate in the investigation and to appear before the police station as and when required and intimated and he shall not influence or tamper with any of the evidence during pendency of the investigation or trial in the case.
It directed Khera to not leave India without prior leave of the competent court and said if the trial court deems it fit to impose some other conditions, it has the discretion to do the needful and put those conditions during trial.
“In this context, the criminal process must be applied with objectivity and circumspection so as to ensure that individual liberty is not imperilled by proceedings that may be coloured by political rivalry.
We are further of the opinion that the allegations and counter-allegations, as apparent in the present case, prima facie, appear to be politically motivated and seemingly influenced by such rivalry, rather than disclosing a situation warranting custodial interrogation, and the veracity of the allegations can be tested at trial,” it observed.
The bench said it is of the view that in the instant case, the allegations and counter allegations have been made by Khera as well as by the husband of the complainant (Assam Chief Minister).
