NEW DELHI — After the Supreme Court allowed his anticipatory bail plea, Congress leader Pawan Khera hailed the decision and said that the Constitution helps people “fighting against an oppressive government”.
The Supreme Court on May 1 allowed the anticipatory bail plea of Khera in connection with an FIR lodged over his alleged remarks against Riniki Bhuyan Sarma, wife of Assam Chief Minister Himanta Biswa Sarma.
Speaking to IANS at the Delhi airport, where he was warmly welcomed by the Congress workers, Khera said, “The Constitution helps everyone. Whenever someone is in trouble or fighting against an oppressive government, the B.R. Ambedkar’s Constitution ensures that they are protected. The relief I received from the Supreme Court is also because of the same Constitution.”
A Bench of Justices J.K. Maheshwari and Atul S. Chandurkar set aside the Gauhati High Court’s decision that had denied him pre-arrest protection, observing that while investigation must proceed with integrity, individual liberty under Article 21 of the Constitution cannot be jeopardised lightly.
Allowing the appeal, the top court directed that Khera be released on anticipatory bail in the event of arrest, subject to reasonable conditions imposed by the investigating officer.
It further directed Khera to cooperate with the investigation, appear before the police as and when required, refrain from influencing witnesses or tampering with evidence, and not leave India without prior permission of the competent court.
The Congress party on Friday hailed the Supreme Court order granting anticipatory bail to Khera.
Addressing a press conference, Congress communications in-charge Jairam Ramesh and party MP Abhishek Manu Singhvi said that the apex court’s verdict underscores that personal liberty remains paramount and the arrest must not be a routine step but the “last resort”, particularly in cases related to alleged defamation.
Singhvi, also the counsel for Pawan Khera, said that the SC ruling reinforces the legal principle that the “triple test” — risk of flight, tampering with evidence, or influencing witnesses — must justify any arrest, failing which custodial action risks becoming a tool for “humiliation, harassment and political point-scoring”.
He stressed that the Congress was not celebrating the outcome but drawing lessons.
Claiming that the SC relief reaffirmed their faith in the country’s judiciary, Jairam Ramesh remarked that this shows that the flame of justice is very much alive in our country. – IANS
