Gauhati HC rejects anticipatory bail plea of Pawan Khera

The Gauhati High Court rejected anticipatory bail of Pawan Khera in a case linked to allegations against Himanta Biswa Sarma’s wife. Court cited serious charges; detailed judgment awaited as investigation continues

Guwahati: The Gauhati High Court on Friday rejected the anticipatory bail plea filed by senior Congress leader Pawan Khera in connection with an FIR lodged by Riniki Bhuyan Sharma, wife of Assam Chief Minister Himanta Biswa Sarma, over allegations relating to multiple passports.

A single-judge bench of Justice Parthivjyoti Saikia pronounced the order after reserving its verdict on April 21, following extensive arguments from both sides. The detailed judgment is awaited. During the hearing, senior advocate Abhishek Manu Singhvi, appearing for Khera, argued that the case was politically motivated and stemmed from alleged remarks attributed to the Chief Minister.

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He contended that the atmosphere surrounding the case raised concerns over fairness, particularly in view of the upcoming elections.

Singhvi submitted that Khera posed no flight risk and that custodial interrogation was unwarranted. He further questioned the necessity of arrest, stating that the allegations, at most, could amount to criminal defamation.

Senior counsel Kamal Nayan Choudhury echoed these arguments, describing the charges as “scandalous” and asserting that they were framed with “deliberate malice”. He maintained that the nature of the allegations did not justify invoking serious penal provisions and could be addressed through a private complaint.

Opposing the plea, Assam Advocate General Devajit Lon Saikia argued that the matter extended beyond defamation. He submitted that the case involved serious offences such as cheating and forgery, including alleged fabrication of documents and title deeds, thereby warranting custodial investigation. The case has a complex procedural background.

Earlier, the Telangana High Court had granted Khera a week’s transit anticipatory bail on April 10, allowing him to approach the appropriate court. However, the Supreme Court stayed this relief on April 15 after Assam Police challenged the order.

Subsequently, the apex court declined Khera’s plea to vacate the stay and also refused to extend interim protection. It clarified, however, that any observations made in earlier orders should not influence the competent court in Assam while deciding the bail application.

Following this, Khera approached the Gauhati High Court seeking anticipatory bail. The FIR, registered at the Guwahati Crime Branch Police Station, invokes multiple provisions of the Bharatiya Nyaya Sanhita, including charges related to false statements, cheating, forgery, and defamation.

Earlier this month, Assam Police conducted searches at Khera’s residence in Delhi and also visited Hyderabad in connection with the case. The Congress leader had alleged that the Chief Minister’s wife possessed multiple passports, a claim that forms the basis of the ongoing legal proceedings.