MUMBAI: In a major relief to Congress leader, Pawan Khera, the Supreme Court on Thursday in its order granted anticipatory bail to him in connection with the FIR registered by Assam Police on the complaint by Chief Minister Himanta Biswa Sarma's wife, Riniki Bhuyan Sarma, over his allegation that she held multiple passports and property abroad.
The yesterday's order of the apex court was uploaded in the website today.
A two-judge bench of Justices JK Maheshwari and AS Chandurkar -- who had reserved the verdict yesterday after hearing the detailed arguments and submissions from Khera and Assam govt -- pronounced the judgment.
"In our view, the observations as made by the High Court in the order impugned is not based on correct appreciation of all the material which has been placed on record and appears to be erroneous, in particular shifting the burden on the accused. In addition, without alleging any offence under Section 339 of BNS and merely on the basis of statement made by the learned Advocate General, observations made regarding Section 339 of BNS do not appear to be correct. Accordingly, the present appeal stands allowed," the bench said in its order.
The court also directed that the Appellant (Khera) is directed to be released on anticipatory bail in the event of his arrest in Crime Branch Police station in Case No. 04/2026 and on such reasonable terms and conditions which may be put by the Investigating Officer as deemed fit;
"The Appellant is directed to co-operate in the investigation and to appear before the police station as and when required and intimated: The Appellant shall not influence or tamper with any of the evidence during pendency of the investigation or trial. Further, he shall not leave India without prior leave of the competent Court. We further direct that 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," the bench said.
The court also made it clear that the reference of the documents and the material made hereinabove is only for the purpose of consideration of grant of anticipatory bail and it has nothing to do with the merits of the criminal case. Therefore, the competent Court shall not be influenced by those observations and shall proceed in the matter in accordance with law.
The apex court in its order said, it was of the view that the allegations and counter allegations have been made by the Appellant as well as by the husband of the complainant. The Solicitor General has not defended any of such statements during the course of hearing, nor is the veracity of the same questioned.
It was noted that at this stage, we are cognizant of the fact that personal liberty of an individual enshrined under Article 21 of the Constitution of India cannot be put to jeopardy lightly. But at the same time, we are also of the view that for any offences as alleged in the FIR, the investigation should be completed with integrity and in full swing with co-operation of the Appellant.
During the submission in Thursday, Abhishek Manu Singhvi appearing for Khera, told the Court that there is no necessity to arrest him and that his statements will at the most attract only the offence of defamation and not other offences of forgery and public mischief invoked by the Assam Police.
Khera added that the FIR was registered to "satisfy ulterior motive/political vendetta of the complainant", who is the wife of the Assam Chief Minister.
Singhvi underscored said that Khera is not a flight risk and there is no necessity to arrest him.
"The issue is why is it necessary to humiliate by a custodial arrest. The investigating officer says non bailable arrest warrant is required because he is absconding, could tamper with evidence, has political influence etc. Every possible section has been thrown in," Singhvi argued.
However, the Assam Police maintained that Khera had paraded forged documents including passports to make false claims and hence, his custody would be necessary to ascertain who his accomplices were and whether there are foreign elements involved.
The Gauhati High Court had on April 24 rejected Khera's plea for anticipatory bail in the case registered against him by the Crime Branch of Assam Police in Guwahati.
Following which, Khera moved the apex court.
Rinki has registered the First Information Report (FIR) under various sections of the Indian Penal Code (IPC) -- against Khera -- of alleged defamation, forgery and criminal conspiracy following his recent claims at a press conference that she holds multiple foreign passports and undisclosed assets abroad.
Following the FIR was registered, the Assam Police had visited Khera's residence in Delhi on April 7 but he was not present there.
Seeing his imminenet arrest in the case, Khera later approached the Telangana High Court seeking transit anticipatory bail.
On April 10, the Telangana HC had granted him a week's relief to ensure him approach the courts in Assam for anticipatory bail.
After this, he moved the SC and on April 15, the SC stayed Telangana HC's April 10 order on an appeal moved by Assam government.
Later on April 17, the top court refused to extend the transit bail period and rather asked Khera to approach the Gauhati High Court instead. Khera then moved the Gauhati HC, which had rejected his plea for anticipatory bail.
Claiming innocence in the case, Khera claimed that the FIR was registered to "satisfy ulterior motive/political vendetta of the complainant", who is the wife of the Assam Chief Minister.
It is to be noted that at a press conference on April 5, Khera alleged that the Assam CM's wife, Riniki had three passports and a property in the USA, which were not declared in her election affidavit for the April 9 Assembly polls in that state. The CM and his wife rejected the allegations as false and fabricated.