The Gauhati High Court on Tuesday reserved its final order on the anticipatory bail application filed by Congress leader Pawan Khera. The plea follows an FIR registered by Riniki Bhuyan Sharma, the wife of Assam Chief Minister Himanta Biswa Sarma, involving allegations of multiple passports, undisclosed foreign properties, and forgery.
Justice Parthiv Jyoti Saikia presided over a marathon three-hour hearing, during which the court weighed the defense’s claims of “political vendetta” against the state’s assertions that Khera constitutes a “flight risk” due to the gravity of the alleged offenses.
Appearing for Khera via video conferencing, Senior Advocate Abhishek Manu Singhvi argued that the Congress leader is not a flight risk and that there is no legitimate necessity for his arrest. Singhvi contended that the legal proceedings are rooted in political hostility, particularly in light of the upcoming assembly elections in the state. He highlighted public remarks made by Chief Minister Sarma in response to Khera’s allegations as evidence of a “political vendetta.”
Conversely, Assam Advocate General Devajit Lon Saikia vehemently opposed any interim relief. The Advocate General submitted that the case extends far beyond simple defamation, involving serious charges of cheating and document forgery.
“This is not a simple defamation case,” Saikia argued before the bench. He emphasized that the dominant offenses being investigated are cheating and the forgery of valuable securities and title deeds. Labeling the Congress spokesperson a “flight risk,” the Advocate General maintained that Khera is not entitled to judicial protection from arrest at this stage.
The controversy stems from allegations made by Khera claiming that Riniki Bhuyan Sharma possessed multiple passports and undisclosed properties abroad. In response, Sharma filed a criminal case at the Guwahati Crime Branch.
The FIR invokes several sections of the Bharatiya Nyaya Sanhita (BNS), including:
- Section 318: Cheating
- Sections 337, 338, & 340: Forgery of records, valuable securities, and using forged documents as genuine.
- Section 175: False statements in connection with an election.
- Sections 352 & 356: Intentional insult to provoke breach of peace and defamation.
Khera had approached the Gauhati High Court on Monday seeking anticipatory bail. Earlier, the Telangana High Court had granted him a seven-day transit anticipatory bail; however, that order was subsequently stayed by the Supreme Court.
After hearing the extensive arguments from both sides, the single-judge bench reserved its decision. The final order on whether Khera will be granted protection from arrest is expected shortly.
