Gauhati High Court Denies Anticipatory Bail to Congress Leader Amid Controversial Allegations
Court Decision on Pawan Khera's Bail Plea
Guwahati: On Friday, the Gauhati High Court dismissed the anticipatory bail application submitted by senior Congress figure Pawan Khera, linked to an FIR filed by Riniki Bhuyan Sharma, the spouse of Assam's Chief Minister Himanta Biswa Sarma, concerning allegations of possessing multiple passports.
Justice Parthivjyoti Saikia, presiding over a single-judge bench, delivered the ruling after deliberating on the matter since April 21, following comprehensive arguments from both parties.
A detailed judgment is still pending.
During the proceedings, Khera's senior counsel, Abhishek Manu Singhvi, contended that the case was driven by political motives, stemming from purported comments made by the Chief Minister.
He expressed concerns about the fairness of the proceedings, especially with elections approaching.
Singhvi argued that Khera was not a flight risk and that there was no need for custodial interrogation, suggesting that the allegations could be classified as criminal defamation at most.
Supporting these claims, senior counsel Kamal Nayan Choudhury characterized the accusations as 'scandalous' and asserted they were crafted with 'deliberate malice'. He argued that the serious penal provisions invoked were unwarranted and that the matter could be resolved through a private complaint.
In contrast, Assam's Advocate General Devajit Lon Saikia opposed the bail plea, asserting that the allegations went beyond defamation, involving serious crimes such as cheating and forgery, which necessitated custodial investigation.
The case has a complicated procedural history. Previously, the Telangana High Court had granted Khera a week's transit anticipatory bail on April 10, enabling him to approach the relevant court. However, the Supreme Court suspended this relief on April 15 after the Assam Police contested the order. The apex court also denied Khera's request to lift the stay and did not extend interim protection.
It was clarified that any remarks made in earlier orders should not affect the competent court in Assam's decision regarding the bail application.
Following this, Khera sought anticipatory bail from the Gauhati High Court.
The FIR, filed at the Guwahati Crime Branch Police Station, includes various sections of the Bharatiya Nyaya Sanhita, addressing false statements, cheating, forgery, and defamation.
Earlier this month, Assam Police executed searches at Khera's residence in Delhi and also visited Hyderabad as part of the investigation.
The Congress leader has alleged that the Chief Minister's wife holds multiple passports, which is central to the ongoing legal dispute.