Mumbai, April 24: The Gauhati High Court rejected the anticipatory bail plea filed by senior Congress leader Pawan Khera on Friday. This plea was in connection with an FIR lodged against him regarding allegations involving multiple passports belonging to Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma.
A single-judge bench led by Justice Parthivjyoti Saikia delivered the order after hearing detailed arguments from both sides and reserving its decision on April 21. A comprehensive judgment is awaited.
During the hearing, senior advocate Abhishek Manu Singhvi, representing Khera, argued that the case is politically motivated and stems from the Chief Minister’s alleged statements. He expressed concerns about the fairness of the proceedings, especially with upcoming elections in mind.
Singhvi asserted that there is no risk of Khera fleeing and questioned the necessity of custodial interrogation. He also raised doubts about the need for arrest, suggesting that the allegations may fall under the realm of criminal defamation.
Senior lawyer Kamal Nayan Chaudhary supported these arguments, labeling the allegations as “defamatory” and claiming they were fabricated with “malicious intent.” He contended that the nature of the accusations does not justify the imposition of severe penal provisions and that they could be resolved through private complaints.
Opposing the plea, Assam’s Advocate General Devjit Lahon Saikia argued that the matter is far more serious than defamation. He stated that the case involves serious crimes like fraud and forgery, including alleged manipulation of documents and ownership deeds, necessitating custodial investigation.
The procedural background of this case is complex. Earlier, the Telangana High Court granted Khera a week’s anticipatory bail on April 10, allowing him to approach the appropriate court. However, following a challenge by Assam police, the Supreme Court stayed this relief on April 15. Subsequently, the Supreme Court dismissed Khera’s plea to lift the stay and also denied interim protection.
It was clarified that while deciding on the bail plea, the competent court in Assam should not be influenced by any comments made in previous orders. Following this, Khera filed a plea for anticipatory bail in the Gauhati High Court.
The FIR registered at the Gauhati Crime Branch Police Station cites several provisions of the Indian Penal Code, including false statements, fraud, forgery, and defamation.
Earlier this month, Assam police conducted a search at Khera’s residence in Delhi and visited Hyderabad in connection with the case. The Congress leader alleged that the Chief Minister’s wife possesses multiple passports, which forms the basis of the current legal proceedings.
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