The Congress on Friday hailed the Supreme Court order granting anticipatory bail to senior party leader Pawan Khera in connection with the FIR registered by Assam Police on the complaint by Chief Minister Himanta Biswa Sarma’s wife Riniki Bhuyan Sarma.
It also said that it has always had firm faith in the country’s judiciary.
Addressing a press conference here, party general secretary in charge of communications Jairam Ramesh and senior leader and Dr Abhishek Manu Singhvi said the Supreme Court’s verdict underscores that personal liberty remains paramount and arrest must be a “last resort”, not a routine step, particularly in cases involving alleged defamation.
Welcoming the order, Ramesh remarked, “The flame of justice is very much alive in our country”.
Singhvi said the 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, asserting that “be you ever so high, the law is above you” and that faith in the judiciary ultimately protects against injustice.
He said that the case traversed multiple judicial forums in quick succession – from a magistrate’s court in Assam’s Kamrup district to the Telangana High Court, the Supreme Court, the Gauhati High Court, and back to the apex court – highlighting sustained reliance on the judicial process.
Singhvi pointed out that a local magistrate had earlier rejected the Assam government’s plea for arrest as “fanciful, speculative and unsubstantiated”, a decision he said exemplifies the strength of lower judiciary safeguards against executive overreach.
He added that most of the charges invoked were bailable, arguing that the plea for custodial interrogation was unwarranted and contrary to established jurisprudence on anticipatory bail and the presumption of innocence.
He highlighted that put of 11 sections, nine were bailable and that they gave all the derails of the same to the court.
The Congress leader also said the Supreme Court had expressed disapproval of certain observations in the Gauhati High Court order that went beyond the original complaint and FIR, indicating judicial overreach at that stage.
Referring to the broader context, Singhvi said the judgment recognises that remarks were made during a political campaign and that democratic systems must allow reasonable latitude for political speech to preserve freedom of expression.
Without naming specific remarks, he criticised the statements made by Assam Chief Minister, cited in the ruling, as unparliamentary and unacceptable, and said they risked eroding constitutional norms, while urging reflection from those in public office.
He clarified that he was not seeking an apology from the Assam CM, but suggested that expressing regret could elevate democratic standards.
Singhvi also noted that the Solicitor General did not defend the controversial statements in court, calling it a significant aspect of the proceedings.
Welcoming the verdict, he appreciated the Supreme Court’s prompt intervention in a matter involving personal liberty and acknowledged the efforts of his legal team, particularly junior lawyers, who handled proceedings across multiple jurisdictions within days.
ENDS
