Congress leader Pawan Khera has moved the Supreme Court challenging the Gauhati High Court's order rejecting his anticipatory bail plea in a case involving alleged remarks against Assam Chief Minister Himanta Biswa Sarma's wife. The case stems from a complaint filed by the Assam Police alleging that Khera made derogatory comments about the chief minister's spouse during a press conference in New Delhi last year.
Background of the Case
In November 2024, Khera, while addressing the media, reportedly made statements that were deemed offensive to the wife of Assam CM. Following this, a First Information Report (FIR) was registered against him at the Dispur Police Station in Guwahati. The charges include sections of the Indian Penal Code (IPC) related to defamation, intentional insult, and breach of peace.
Khera had earlier sought anticipatory bail from the Gauhati High Court, but the court dismissed his plea on April 25, 2025, stating that the allegations were serious and required thorough investigation. The court observed that custodial interrogation might be necessary to unearth the truth.
Khera's Arguments in Supreme Court
In his petition before the Supreme Court, Khera's legal team argued that the high court's order was arbitrary and violated his fundamental rights. They contended that the remarks were taken out of context and that Khera had no intention to defame the chief minister's wife. The petition further stated that Khera was willing to cooperate with the investigation and that custodial interrogation was not required.
The Supreme Court is expected to hear the matter on May 2, 2025. Meanwhile, Khera has been advised to appear before the investigating officer as and when summoned.
Political Reactions
The case has sparked political reactions, with the Congress party accusing the Assam government of misusing state machinery to target opposition leaders. Congress spokesperson said, "This is a clear case of vendetta politics. Pawan Khera has not committed any crime, and the charges are baseless." On the other hand, the ruling Bharatiya Janata Party (BJP) in Assam defended the legal action, stating that no one is above the law and that defamatory statements against the chief minister's family are unacceptable.
Legal Precedents
Legal experts note that anticipatory bail is rarely granted in cases involving defamation of public figures, especially when the remarks are seen as malicious. However, the Supreme Court has in the past intervened to protect the rights of individuals when lower courts have acted arbitrarily.
As the legal battle continues, all eyes are on the Supreme Court's decision, which could set a precedent for similar cases involving free speech and defamation.
