Constitution protects us: Khera hails SC bail relief, says liberty must prevail

Congress leader Pawan Khera on Sunday welcomed the Supreme Court’s decision granting him anticipatory bail, calling it a reaffirmation of constitutional protections for those “fighting against an oppressive government”.

The relief came after the Supreme Court of India on 1 May allowed Khera’s plea in connection with an FIR over his alleged remarks against Riniki Bhuyan Sarma, wife of Assam chief minister Himanta Biswa Sarma.

Speaking to IANS at the Delhi airport, where he received a warm welcome from party workers, Khera credited the Constitution for safeguarding individual rights.

“The Constitution helps everyone. Whenever someone is in trouble or fighting against an oppressive government, B.R. Ambedkar’s Constitution ensures protection. The relief I received is also because of the same Constitution,” he said.

A Bench of justices J.K. Maheshwari and Atul S. Chandurkar set aside the Gauhati High Court’s earlier order denying pre-arrest protection, underscoring that individual liberty under Article 21 cannot be compromised lightly.

The court allowed anticipatory bail, directing that Khera be released in the event of arrest, subject to reasonable conditions set by the investigating officer.

He has been asked to cooperate with the probe, appear before authorities when required, refrain from influencing witnesses or tampering with evidence, and not leave the country without prior court permission.

The Congress termed the ruling a significant reaffirmation of civil liberties. Party leaders Jairam Ramesh and Abhishek Manu Singhvi said the judgment reinforces the principle that arrest should be a last resort, particularly in defamation-related cases.

“Personal liberty remains paramount, and arrest must not be routine but a last resort,” they said at a press conference.

Singhvi, who represented Khera, highlighted the “triple test” for arrest — risk of flight, tampering with evidence, or influencing witnesses.

“Without these, custodial action risks becoming a tool for humiliation, harassment and political point-scoring,” he said.

Ramesh added that the ruling strengthens faith in the judiciary.

“It shows that the flame of justice is very much alive in our country,” he remarked.

The case continues to draw political attention, with the Supreme Court’s order placing renewed focus on the balance between investigation and individual liberty.

With IANS inputs