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Not necessary to humiliate with custodial interrogation: Singhvi argues as SC reserves verdict on Khera's bail plea

Not necessary to humiliate with custodial interrogation: Singhvi argues as SC reserves verdict on Khera's bail plea

Supreme Court of India Photograph: (ANI)

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Singhvi, while making his arguments called it an "unprecedented case" and indirectly made references to the Assam Chief Minister as the "boss of the boss of the boss of the prosecutor".

The Supreme Court on Thursday reserved its verdict on Congress leader Pawan Khera's anticipatory bail plea in the case regarding defamatory remarks against Assam Chief Minister Himanta Biswa Sarma's wife, Riniki Bhuyan Sarma. An FIR has also been lodged by the Guwahati police in this regard.

A bench of Justice JK Maheshwari and Justice Atul Chandurkar reserved its verdict after hearing the argument by senior advocate Abhishek Manu Singhvi, against the Gauhati HC's rejection of his anticipatory bail plea.

Singhvi, while making his arguments called it an "unprecedented case" and indirectly made references to the Assam Chief Minister as the "boss of the boss of the boss of the prosecutor".

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He said Sarma threatened Khera of putting him behind bars in Assam for the rest of his life.

"Dr.Ambedkar would turn in his grave if he had imagined that a Constitutional office holder will speak like a Constitutional cowboy or a Constitutional Rambo," said Singhvi while making the claims.

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Singhvi argued that most of the charges leveled against his client were of defamation and reputational damage, and neither of it requires arrest or custodial interrogation.

"Let me assume I am convicted ultimately…" he said, "But where is the necessity of arrest? What is there in the case which cannot be done without an arrest?", said Singhvi.

"Why is it necessary to humiliate with a custodial interrogation?" Singhvi asked.

He then said that most of the cases against Khera are bailable but 50-60 Assam policemen landed in Nizamuddin to arrest Khera, as if "he is a terrorist."

Singhvi also criticised the High Court for describing the complainant - Assam Chief Minister Himanta Biswa Sarma's wife Riniki Bhuyan Sarma - as an “innocent lady,” arguing that such observations pre-judge issues meant for trial.

While Solicitor General Tushar Mehta, appearing for the State of Assam argued that the documents submitted in the court by Khera were “fake and forged” and that no such passports were issued by any authority. Therefore, custodial interrogation was necessary to identify who created the documents and whether any foreign elements were involved, said Khera.

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Aditya Shukla

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