Major setback for Cong leader Pawan Khera as Gauhati HC rejects anticipatory bail plea

Pawan Khera. File Pic

The Gauhati High Court on Friday rejected an anticipatory bail plea filed by Congress leader Pawan Khera in connection with an FIR lodged in Assam over his alleged defamatory remarks against the wife of Chief Minister Himanta Biswa Sarma.

A single-judge Bench of Justice Parthivjyoti Saikia had reserved the final order on Tuesday following extensive arguments from both sides.

During the hearing, senior advocate Abhishek Manu Singhvi, appearing for Khera along with advocate Kamal Narayan Choudhury, argued that the case was politically motivated and amounted to vendetta.

It was further contended that the allegations lacked substantive merit and were aimed at silencing a political opponent.

Opposing the plea, Assam Advocate General Devajit Lon Saikia, representing the state police, submitted that the case involved serious offences, including forgery and cheating. He argued that the investigation had revealed prima facie material indicating deliberate wrongdoing, warranting denial of anticipatory bail and custodial interrogation.

Khera moved the Guwahati High Court after the Supreme Court had declined to grant Khera protection from arrest and refused to extend the duration of his transit anticipatory bail.

A Bench of Justices J.K. Maheshwari and Atul S. Chandurkar of the apex court had, in its April 17 order, reiterated that Khera was "at liberty to apply immediately before the Court concerned" in Assam and clarified that any such plea "shall not be adversely influenced" by its earlier order staying the transit bail granted by the Telangana High Court.

The apex court had said that the competent court "shall decide the anticipatory bail application… on its own merits and on the basis of the material placed before it."

Earlier, on April 15, the Supreme Court had stayed the Telangana High Court's order granting Khera transit anticipatory bail, observing that the plea appeared to rely on "fabricated documents" to invoke jurisdiction.

The interim protection from arrest consequently stood vacated. Senior advocate Abhishek Manu Singhvi had urged the top court to extend protection, arguing that the earlier order was passed ex parte and that the Telangana High Court had granted him a one-week protection to approach the appropriate forum. However, the subsequent plea was rejected.

The case stems from an FIR registered by Assam Police under provisions of the Bharatiya Nyaya Sanhita (BNS), including charges of defamation, forgery and criminal conspiracy, over allegations made by Khera against Riniki Bhuyan Sarma.

He alleged that Riniki Sarma possessed multiple foreign passports, undeclared luxury properties in Dubai, and shell companies in the United States.

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