New Delhi, May 1 (PTI) The Congress on Friday hailed the Supreme Court's decision to grant anticipatory bail to party leader Pawan Khera in a defamation case and said the law stands above all, no matter how powerful one may be.
The top court granted pre-arrest bail to Khera in a case related to making allegations against Assam Chief Minister Himanta Biswa Sarma's wife, saying the matter appears to have stemmed from political rivalry.
Addressing a press conference, Congress senior spokesperson Abhishek Singhvi said the Supreme Court verdict reminds all that when personal liberty is at stake, the courts remain our ultimate bedrock of hope.
He also urged the Assam chief minister to reconsider whether it is befitting of a person holding a constitutional position to use such language against Khera and express regret.
"We welcome the decision of the Supreme Court. The Congress party, my colleagues, and I hail the Supreme Court’s verdict and commend its promptness," Singhvi said.
Congress general secretary Jairam Ramesh said today's decision is the victory of the Constitution, which is under attack under the BJP regime.
"Today, the Constitution has emerged victorious. The Modi government attacks the Constitution every day, but today constitutional values and provisions have prevailed. We welcome the Supreme Court's decision," Ramesh said.
Singhvi said this case reminds us that when reputational damage is an issue, arrest should not be the first but the last resort. In this case, he alleged, the clear intention was to humiliate and harass Khera for the allegations he made against the chief minister during the poll process.
"Can you achieve the objects of proper investigation without arrest? Is arrest the only way I can investigate his alleged defamatory comment? That if I do not arrest him and custodially interrogate him, he will flee.
"Arrest is the only way because I will not be able to summon him and sit with him and interrogate him without arrest. Arrest is the only way because he will tamper with documents or with witnesses," Singhvi said, adding that the sole intention of arresting Khera was to humilitate and harrass him.
The Congress leader said the apex court quoted the chief minister of Assam in three pages, even when there are such things that neither the court can quote nor can anyone speak about.
"I would urge the Hon’ble Assam CM to reconsider his stand, irrespective of Monday’s outcome, especially in light of the remarks quoted in the judgment. The Supreme Court has cited several of his public statements, many of which are deeply inappropriate and lower the standards of our democracy.
"In such a situation, the chief minister of Assam should consider whether it is befitting for a person holding a constitutional position to do this? I want the chief minister of Assam to seriously reflect on this matter and express regret. If he expresses regret, he would elevate himself," Singhvi said, adding that the Assam CM's remarks were unrepeatable and unprintable.
Singhvi also pointed out that most charges against Khera were bailable, but still the CM wanted him arrested.
"In any democracy, space must be preserved for political dissent. Without that, the fundamental right to free speech is at serious risk," he noted.
"When personal liberty is at stake, the courts remain our ultimate bedrock of hope. It is also a lesson for all that no matter how powerful one may be, the law stands above all. It also reaffirms that if we uphold our faith and commitment to the law, it will protect us and ensure that injustice does not prevail," he noted.
Singhvi said the Supreme Court has also stated that we must not forget that in cases of interim bail, until guilt is proven, no one can be considered guilty.
In this matter, he said various aspects were introduced to transform it from a defamation case into a separate one. He said nine provisions were invoked, all of which were proved to be bailable.
He said one should not forget that every citizen has the right to freedom of expression, and if a political statement made during a political campaign is turned into such a major issue, it will pose a threat to Article 19(1)(a).