Supreme Court Reserves Order on Pawan Khera’s Anticipatory Bail Plea in Passport Allegation Case

The Supreme Court on Thursday reserved its order on an anticipatory bail plea filed by Congress leader Pawan Khera. The case pertains to allegations made by Khera regarding the wife of Assam Chief Minister Himanta Biswa Sarma, specifically claiming she possessed multiple passports and undisclosed foreign properties.

The legal dispute originated from statements made by Pawan Khera alleging that Riniki Bhuyan Sharma, the wife of Assam CM Himanta Biswa Sarma, held multiple passports and owned undisclosed assets abroad. Following these remarks, Riniki Bhuyan Sharma filed criminal complaints at the Guwahati Crime Branch under various sections of the Bharatiya Nyaya Sanhita (BNS).

Khera initially secured a seven-day transit anticipatory bail from the Telangana High Court. However, the Assam Police challenged this move in the Supreme Court. The apex court subsequently stayed the transit bail and directed Khera to approach the Gauhati High Court. On April 24, the Gauhati High Court dismissed his plea for anticipatory bail, leading Khera to approach the Supreme Court again.

Senior Advocate Abhishek Singhvi, representing Pawan Khera, argued before a bench of Justices JK Maheshwari and AS Chandurkar that the allegations are a matter for trial and do not necessitate the “humiliation” of an arrest. Singhvi noted that several sections invoked against his client are bailable, while others do not meet the legal threshold requiring immediate custodial interrogation. He emphasized that if anticipatory bail is denied in such circumstances, “the very purpose of pre-arrest bail is gone.”

Opposing the plea, Solicitor General Tushar Mehta, appearing for the State of Assam, contended that the allegations against the Chief Minister’s wife were entirely false and based on “fake and doctored copies” of passports. The Solicitor General further alleged that Khera had been “absconding” and continued to release videos related to the claims while evading the legal process.

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After hearing both sides, the bench reserved its decision. The court will now determine whether the Congress leader is entitled to protection from arrest pending the trial of the criminal cases registered against him in Assam.

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