The Supreme Court of India reserved its order on Thursday, April 23, regarding Congress leader Pawan Khera’s plea for anticipatory bail [1].
The case centers on allegations that the wife of Assam Chief Minister Himanta Biswa Sarma holds multiple passports and undisclosed foreign properties [1], [2]. Because the matter involves a high-ranking state official and a prominent opposition leader, the court's decision will determine whether the legal system permits the arrest of political figures making such claims during an active investigation.
The legal proceedings follow a case registered by the Assam Police Crime Branch in Guwahati [1], [2]. During the hearing in New Delhi, the court heard arguments on whether Khera should be granted protection from arrest while the investigation continues [1], [2].
Defense counsel representing Khera said the chief minister is a “constitutional cowboy” [1]. The defense said that even if the allegations are accepted, there is no legal justification for an arrest [3].
Conversely, the prosecution counsel said against the bail plea, stating that Khera is absconding and non-cooperative in the ongoing investigation [2]. The prosecution said that the leader's lack of cooperation necessitates his custody to ensure the integrity of the probe [2].
The court did not issue an immediate ruling but reserved the order for a later date [1], [2], [3]. This means the justices will deliberate on the arguments before announcing whether Khera is granted anticipatory bail, or if the police may proceed with an arrest [1].
“He is a constitutional cowboy”
This case highlights the tension between political accountability and the use of criminal law to address allegations against public officials. By reserving the order, the Supreme Court is weighing the necessity of an arrest for investigative purposes against the potential for legal proceedings to be used as a tool for political intimidation.
