The Supreme Judiciary of the country has once again granted anticipatory bail to senior Congress leader Pawan Kheda, underlining the power of the Constitution and the importance of personal freedom, after which Kheda warmly welcomed this decision and praised the Constitution. He said in clear words that the Constitution of India helps all those who are struggling against an oppressive government, which proves that the Constitution is the shield of every citizen. This important decision was delivered by the Supreme Court on May 1, in which Pawan Kheda’s anticipatory bail plea was accepted. The petition was filed in the context of an FIR to remarks allegedly made against Riniki Bhuyan Sarma, wife of Assam Chief Minister Himanta Biswa Sarma.
When Pawan Khera arrived at Delhi airport, he was given a very warm welcome by the Congress workers, where he addressed the workers and said that the Constitution of India created by Dr. BR Ambedkar ensures the protection of every citizen. He further said that the relief he has got has also been possible because of this great Constitution, which is the protector of the rights of every citizen of the country. In this case, Justice J.K. Maheshwari and Atul S. Chandurkar’s bench had set aside the Gauhati High Court’s decision which had refused to provide him pre-arrest security. The bench clearly said in its order that the investigation must be conducted honestly, but the personal liberty enjoyed under Article 21 of the Constitution cannot be endangered lightly under any circumstances, which is a fundamental right of the citizens. The apex court also directed in this regard that if Pawan Kheda is arrested in future, he should be immediately released on anticipatory bail, so that his personal liberty is not infringed.
The court put important conditions while granting bail to Pawan Kheda.
The court also set some important conditions while granting bail to Pawan Kheda, in which he was directed to fully cooperate in the investigation process. Apart from this, it will be mandatory for them to appear before the police whenever required, so that there is no hindrance in the investigation. Khera will also have to ensure that they do not attempt to influence any witness or tamper with any kind of evidence, thereby ensuring a fair investigation. Additionally, he was also directed not to leave India without obtaining prior permission of the competent court, so that his presence could be ensured.
At the same time, the Congress Party also welcomed the Supreme Court’s order to grant anticipatory bail to Pawan Kheda with open heart on Friday. Senior Congress leader Jairam Ramesh and MP Abhishek Manu Singhvi, while addressing a joint press conference, said that the right to personal liberty is paramount and should be protected at all costs. He also emphasized that arrest of any person should be done only as a last resort, especially in cases like defamation, where personal liberty can easily be violated.
Singhvi, while making his point, said that the ‘triple test’ (which includes risk of flight, tampering of evidence and possibility of influencing witnesses) should be followed to justify the arrest, so that the basis for the arrest is strong. Jairam Ramesh described the decision as another confirmation of his and the party’s faith in the country’s judiciary, which makes it clear that the judiciary is the guardian of the rights of the citizens.
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