'Law is above all' Cong hails SC order on bail to Khera urges Sarma to express regret for remarks

     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, saying the law stands above all, and urged Assam Chief Minister Himanta Biswa Sarma to seriously reflect on his "deeply inappropriate" statements, which lowered the standards of democracy.
     Congress leader and senior spokesperson Abhishek Singhvi asked Sarma to reconsider whether it was befitting of a person holding a constitutional position to use such language against Khera, which the top court has also cited in its judgement, and urged him to express regret.    
     Sarma, on his part, hit back, saying he does not need lessons on democracy, public discourse or decency from anyone, especially Singhvi, and asserted that this was "just a beginning and not the end".
     The top court granted pre-arrest bail to Khera in a case related to making allegations against the Assam chief minister's wife, saying the matter appears to have stemmed from political rivalry.
     Assam Police had booked Khera after he had levelled allegations against Sarma and his wife's passport status, leading to a political row just ahead of the assembly polls in the state. Following this, the Assam chief minister made certain remarks against the Congress leader, which the party alleged were "inappropriate".
     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.
     The verdict underscores that personal liberty remains paramount and arrest must be a “last resort”, not a routine step, particularly in cases involving alleged defamation, he 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.
     Claiming that there is a daily attack on the Constitution under the Modi government, he said, "They will continue to attack it. But today's decision reminds the people that the protectors of the Constitution are still there."
     "The flame of justice is very much alive in our country," 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 made.
     "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 he will tamper with documents or with witnesses," Singhvi said, adding that the sole intention of arresting Khera was to humiliate and harass him.
     The Congress leader said the apex court quoted the chief minister of Assam in three pages and dwelt with it in detail, 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.
     Sarma, however, hit back in a post on X, saying, "I don't need lessons on democracy, public discourse or decency from anyone, especially from Abhishek Singhvi. Decency and him can never be in the same room."
     He said the real issue here pertains to a woman -- who has nothing to do with politics but has her character assassinated on national television using forged documents from other countries.
     "I am confident the courts will take note of this, sooner or later and the guilty will be punished for his brazen act of maligning a woman's character using false documents to influence electoral outcomes."
     "And let me be clear, this is just the beginning, not the end. Satyamev Jayate," Sarma said.
     Singhvi also pointed out that most charges against Khera were bailable, but still the CM wanted him arrested. He said there were attempts to transform a defamation case into a separate one, even when nine of the ten provisions invoked were bailable.
     "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 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).

(This story has not been edited by THE WEEK and is auto-generated from PTI)