In a relief to Congress leader Pawan Khera, the Supreme Court has granted pre-arrest bail in connection with the alleged defamatory remarks against Assam Chief Minister Himanta Biswa Sarma's wife, Riniki Bhuyan Sarma.
The bench of Justice JK Maheshwari and AS Chandurkar directed Khera to cooperate with the investigation and appear when summoned by the officials. It also advised the Congress leader not to influence or tamper with the evidence.
Also, Khera cannot leave the country without the court's permission.
The bench said that prima facie the allegations and counter-allegations seemed to be "politically motivated", and noted, "under such circumstances, there is no necessity to take the accused into custody for interrogation".
"The right to personal liberty is a cherished (and) fundamental right, and any deprivation thereof must be justified on a higher threshold, particularly where the surrounding circumstances may indicate the presence of political overtones," the order read.
The order further stated that, having regard to the aforesaid considerations, we believe that while adjudicating an application for anticipatory bail, a careful balance must be struck between the State's interest in ensuring a fair investigation.
The Gauhati High Court had rejected Khera's anticipatory bail plea last week, following which the Congress leader moved to the top court.
The SC set aside a Gauhati High Court order refusing anticipatory bail in order to protect the Congress leader's personal liberty.
Senior advocate Abhishek Manu Singhvi, appearing for Khera, called this an "unprecedented case".
The case follows an April 4 press conference in which Pawan Khera alleged Chief Minister Himanta Sarma's wife held passports from three countries. He also accused Riniki Sarma of involvement in illegal activities.
He alleged she also owns undisclosed luxury properties in Dubai that are registered to a company in a US state.
