The Supreme Court of India on Thursday reserved its judgment on a petition filed by Congress leader Pawan Khera challenging the Gauhati High Court’s denial of anticipatory bail.
The case stems from a criminal complaint registered by Assam Police over alleged remarks concerning the wife of Chief Minister Himanta Biswa Sarma.
A Bench comprising Justices JK Maheshwari and Atul S Chandurkar reserved the verdict after hearing detailed arguments from both sides.
Senior advocate Abhishek Manu Singhvi, appearing for Khera, contended that the case primarily involved allegations of defamation and did not warrant custodial interrogation. He argued that personal liberty protections under Article 21 of the Constitution of India must be upheld, and that arrest was not justified given the nature of the accusations.
The defence also described the police action as excessive, highlighting the scale of the attempted arrest operation and asserting that Khera was neither a flight risk nor a habitual offender. It further alleged political motivation behind the case and criticised public remarks made by the Chief Minister.
Opposing the plea, Solicitor General Tushar Mehta argued that the case went beyond defamation and involved serious allegations of forgery and fabrication of documents. He informed the court that purported documents linked to the Chief Minister’s wife appeared manipulated.
The prosecution also raised concerns about the circulation of alleged fake records relating to overseas entities, suggesting the need for custodial interrogation to trace their origin and identify potential accomplices, including any possible external involvement.
The FIR invokes provisions of the Bharatiya Nyaya Sanhita related to cheating, forgery, false statements, and defamation.
Earlier, the High Court had declined anticipatory bail, noting the presence of cognisable offences beyond reputational harm.
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