Gauhati High Court on April 24 rejected the anticipatory bail plea filed by 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 her purported possession of multiple passports.
A single-judge bench of Justice Parthivjyoti Saikia delivered the order after reserving judgment on April 21 following extensive arguments from both sides. The detailed order is awaited.
Appearing for Khera, Senior Advocate Abhishek Manu Singhvi argued that the proceedings were politically motivated, referring to alleged statements made by the Chief Minister against Khera. He contended that the case reflected political vendetta, particularly in the context of upcoming elections.
Senior Counsel KN Choudhary supported these submissions, describing the allegations as “scandalous” and asserting that their tone and presentation indicated deliberate malice. The defence further argued that the matter, at most, constituted criminal defamation, which should be pursued through a private complaint.
Opposing the plea, Assam Advocate General Devajit Lon Saikia submitted that the case extended beyond defamation and involved serious allegations, including fabrication of documents and title deeds. He argued that the primary offences invoked relate to cheating and forgery.
Earlier, the Telangana High Court had granted Khera one week of transit anticipatory bail on April 10, allowing him to approach the appropriate court. However, the Supreme Court of India stayed this relief on April 15 following an appeal by Assam Police.
The Supreme Court subsequently declined to vacate the stay or extend the transit protection, while clarifying that its interim order and the Telangana High Court’s observations should not influence the merits of any anticipatory bail application filed before a competent court in Assam.
In this backdrop, 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 (BNS), including charges related to false statements in connection with elections, cheating, forgery of valuable security and public records, use of forged documents, intentional insult to provoke breach of peace, and defamation.
The case stems from Khera’s public claims that Riniki Bhuyan Sharma holds multiple passports. Earlier this month, Assam Police conducted searches in Hyderabad, where Khera is stated to have a residence, and also visited his residence in Delhi as part of the investigation.
Khera serves as Chairman of the Media and Publicity Department of the Congress and is a member of the Congress Working Committee.
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