The Supreme Court has granted Congress spokesperson Pawan Khera protection from arrest in a case linked to allegations he made against Assam Chief Minister Himanta Biswa Sarma's wife, Riniki Bhuyan Sharma. The court ruled that personal liberty cannot be jeopardized by criminal proceedings that may be colored by political rivalry.
A bench of justices JK Maheshwari and AS Chandurkar said individual liberty is a cherished fundamental right under Article 21 of the Constitution and the criminal process must be exercised with objectivity and caution.
The court directed Khera to cooperate with the investigation, not leave the country without prior permission of the trial court, and not influence witnesses or tamper with evidence during the pendency of the investigation or trial.
The bench had reserved its verdict after hearing detailed submissions from senior advocate Abhishek Manu Singhvi and solicitor general Tushar Mehta. Khera had approached the top court against an April 24 Gauhati high court order refusing him pre-arrest bail.
The Supreme Court noted that the FIR itself did not mention Section 339 of the Bharatiya Nyaya Sanhita (forgery of documents) and said the high court's observations on that offence did not appear correct.
The court further noted that the allegations were directed against the chief minister's wife and not Sarma himself, and said the dispute prima facie appeared politically motivated.
