The Supreme Court has set aside the Gauhati High Court's order, which refused to give anticipatory bail to Congress leader Pawan Khera over the complaint by Assam Chief Minister Himanta Biswa Sarma's wife Riniki Bhuyan Sarma. The order was passed by a two-judge bench of the top court.

Senior Congress leader Pawan Khera received a breather on Friday after the Supreme Court granted him bail in connection with a case filed by Assam Chief Minister Himanta Biswa Sarma's wife Riniki Bhuyan Sarma, whom he had accused of having multiple passports. 

The order was passed by a two-judge bench of the apex court, which included Justices Maheshwari and AS Chandurkar, setting aside the Gauhati High Court's order that had refused to give anticipatory bail to the Congress leader.

The court, however, made strong observations against Khera and Sarma, stating that the Congress leader made certain remarks to gain political advantage in the state in view of the assembly elections. Similarly, certain remarks made by Sarma cannot be ignored, the court stated, adding that the chief minister made some statements which were not in line with parliamentary language.

"Having regard to the aforesaid considerations, we are of the opinion that while adjudicating an application for anticipatory bail, a careful balance must be struck between the State’s interest in ensuring a fair investigation and the individual’s fundamental right to personal liberty under Article 21 of the Constitution of India," the order read.

The bail to Khera comes a day after the Supreme Court reserved its order after hearing the arguments from both sides. During Thursday's hearing, the Congress leader told the bench that he shouldn't be "humiliated" with a "custodial arrest", as he noted that the sections registered against him are bailable.

Besides, he also argued some sections do not require his arrest. Senior advocate Abhishek Singhvi, who was appearing for Khera, argued that the Congress leader will not be given a fair treatment if he is arrested, terming the case as "unprecedented".

"Dr BR Ambedkar would turn in his grave if he had imagined that a constitutional office holder would speak like a constitutional cowboy or a constitutional Rambo," Singhvi said, as reported by news agency PTI. "Let me assume I am ultimately convicted. But where is the necessity of arrest? What is there in the case which can be done without an arrest."

Assam Police opposes Khera's bail
The Assam Police, however, had opposed a bail for Khera, alleging that he "fake, doctored and fabricated" of Sarma's passports. The Assam Police was represented by Solicitor General Tushar Mehta, who said it needs to be probed on who helped Khera forge the passport and how the fake seal was created. 

It must be the case against Khera was registered under various sections of the Bharatiya Nyaya Sanhita (BNS) at the Guwahati Crime Branch police station. The Congress leader had moved to the Telangana High Court after showing his residence in Hyderabad, and was later granted seven-day transit anticipatory bail.

Later, the Assam Police moved to Supreme Court, which asked Khera to move to the Gauhati High Court.