New Delhi : The Supreme Court on Thursday reserved its judgment on Congress leader Pawan Khera’s plea seeking anticipatory bail in a case filed by Assam Police on a complaint by Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma. A bench of Justice JK Maheshwari and Justice Atul Chandurkar heard the matter after the Gauhati High Court rejected Khera’s anticipatory bail application.
Senior Advocate Abhishek Manu Singhvi argued that there was no need for custodial interrogation and questioned the necessity of arrest. “Why is it necessary to humiliate with a custodial interrogation?” he asked, asserting that the case largely pertains to defamation and reputational damage. He told the court that some remarks were “unprintable” and claimed Sarma had threatened that Khera would spend the rest of his life in an Assam jail.
The senior counsel argued that Khera is a public figure, not a flight risk, and is willing to cooperate with the investigation. He emphasised that most offences invoked in the FIR are bailable and do not warrant arrest. Singhvi also told the court that 50–70 Assam police personnel reached Khera’s residence in Nizamuddin “as if he is a terrorist.” He further objected to the Gauhati High Court’s reference to Section 339 of the Bharatiya Nyaya Sanhita, stating that it was not mentioned in either the complaint or the FIR.
He argued that custodial interrogation was necessary to identify who created the documents, who assisted Khera, and whether any foreign elements were involved. The State contended that the case was not a simple defamation matter and alleged that Khera had been “absconding” since the FIR was registered. Mehta said custodial interrogation is qualitatively different and essential to uncover the full extent of the alleged offence.
The FIR, registered at the Guwahati Crime Branch Police Station, invokes multiple provisions of the Bharatiya Nyaya Sanhita, including sections related to false statements in connection with elections, cheating, forgery, use of forged documents, intentional insult, and defamation. Khera approached the Telangana High Court, which granted him one week’s transit anticipatory bail on April 10.
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