Gauhati High Court rejected Pawan Khera’s anticipatory bail, saying the case involves serious charges beyond defamation. The court also stressed the need for custodial interrogation to verify documents and uncover the full conspiracy.
In a significant development, the Gauhati High Court has denied anticipatory bail to Congress leader Pawan Khera in a case linked to his remarks about Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma. The court’s decision marks a setback for Khera and highlights the seriousness of the allegations beyond mere political speech.
During the hearing, Senior Advocate Abhishek Manu Singhvi, appearing for Khera, argued that his client is not a flight risk and that the case has been filed with political motives. He also questioned why custodial interrogation was necessary in this matter.
On the other hand, Assam’s Advocate-General Devajit Saikia opposed the bail plea, stressing that the case involves serious offences such as cheating and forgery, and cannot be treated as a simple defamation issue.
Agreeing with the state’s submissions, the High Court observed that the allegations go beyond defamation and include serious charges under the Bharatiya Nyaya Sanhita, particularly provisions related to forgery. Based on this, the court refused to grant anticipatory bail.
The court also made an important observation about the nature of the statements made by Khera. It noted that the remarks were directed at a private individual and not a political figure. The bench stated,
“If the allegations were made against the Chief Minister, the matter would have been political rhetoric. But, to gain political mileage, the petitioner has dragged an innocent lady into the controversy,”
highlighting the distinction between political criticism and personal allegations.
Further, the court underlined the necessity of custodial interrogation in this case. It said such interrogation is required to verify the source and authenticity of the documents cited by Khera. The order stated,
“… to find out who are the associates, and how and from where they had collected those documents,”
indicating that the investigation needs deeper scrutiny.
The court also rejected Khera’s claim that the case is politically motivated. It observed that there is no material to support such an argument and emphasized that the investigation appears legitimate. The bench clearly stated,
“There are no materials to suggest the accusations are intended to injure and humiliate the applicant,”
adding that the proceedings seem to be aimed at “furthering ends of justice”.
The case arises from statements made by Khera during a press conference ahead of the Assam elections, where he alleged that Riniki Bhuyan Sharma held multiple passports and undisclosed foreign assets. According to him, she possessed passports from the UAE, Egypt, and Antigua-Barbuda, along with properties in Dubai and investments in shell companies.
Following these allegations, Riniki Sharma filed a criminal complaint against Khera and others. The charges include cheating, defamation, forgery of valuable documents and electronic records, and intentional insult.
Earlier, on April 10, Khera had approached the Telangana High Court seeking transit anticipatory bail and was granted interim protection for one week. However, this relief was short-lived, as the Supreme Court of India stayed the protection on a plea filed by Assam Police and directed him to approach the Gauhati High Court.
With the Gauhati High Court now rejecting his anticipatory bail plea, Khera faces the possibility of custodial interrogation as the investigation proceeds further in this high-profile case.
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