Guwahati, May 1: The Supreme Court of India on May 1 criticised the reasoning adopted by the Gauhati High Court while granting anticipatory bail to Congress leader Pawan Khera in a case linked to his remarks against Riniki Bhuyan Sarma.
A bench comprising Justices JK Maheshwari and Atul S Chandurkar observed that the High Court’s findings were “erroneous” and not based on a proper assessment of the material on record. The apex court further noted that the allegations and counter-allegations in the case appeared, at a prima facie level, to be politically motivated and shaped by rivalry rather than circumstances warranting custodial interrogation.
Allowing Khera’s appeal, the court directed that he be granted anticipatory bail in the event of arrest, subject to conditions set by the investigating officer. It also held that the High Court had improperly shifted the burden onto the accused and made unwarranted observations concerning provisions of the Bharatiya Nyaya Sanhita that were not part of the FIR.
The case originated from allegations made by Khera regarding Riniki Bhuyan Sarma, wife of Assam Chief Minister Himanta Biswa Sarma, following which Assam Police registered an FIR. The Gauhati High Court had earlier rejected Khera’s anticipatory bail plea on April 24.
While granting relief, the Supreme Court directed Khera to cooperate with the investigation, refrain from influencing witnesses or tampering with evidence, and not leave the country without prior permission from the competent court. The bench clarified that its observations were confined to the bail proceedings and would not affect the merits of the ongoing investigation or any subsequent trial.
