The Supreme Court has granted anticipatory bail to Congress leader Pawan Khera in connection with an FIR registered in Assam over alleged defamatory statements made during press conferences, observing that the case bears “political overtones” and does not warrant custodial interrogation.
A Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar set aside the Gauhati High Court’s refusal to grant anticipatory bail, holding that the High Court failed to properly appreciate the material on record and erred in shifting the burden onto the accused.
The case arose from an FIR alleging that Khera displayed forged documents during press conferences, claiming that the wife of the Assam Chief Minister held multiple foreign passports and undisclosed assets. The complainant denied the allegations, asserting that the documents were fabricated.
The Court noted that the allegations and counter-allegations between Khera and the Chief Minister reflected a backdrop of political rivalry, particularly in the context of ongoing Assembly elections in Assam. It observed that such circumstances required courts to exercise caution to ensure that criminal proceedings are not used to imperil personal liberty.
Emphasising the importance of Article 21, the Court held that personal liberty cannot be curtailed lightly and that anticipatory bail must be considered by balancing the need for investigation with the rights of the accused. It found that the case primarily involved documentary evidence already in the custody of the prosecution and did not justify custodial interrogation.
The Court further held that invocation of certain offences, including those not mentioned in the FIR, was not justified and criticised the High Court for relying on such aspects.
Allowing the appeal, the Court directed that Khera be released on anticipatory bail in the event of arrest, subject to conditions including cooperation with the investigation, non-interference with evidence, and restriction on travel without court permission.
Appearances:
Dr. Abhishek Manu Singhvi, Senior Advocate , appearing on behalf of the Appellant.
Mr. Tushar Mehta, Solicitor General appearing on behalf of the Respondent-
State
