'Pawan Khera Dragged Innocent Lady Into Controversy For Political Mileage; Custodial Interrogation Necessary': Gauhati HC
Denying anticipatory bail to Pawan Khera in connection with an FIR filed by Assam CM Himanta Biswa Sarma's wife, the Gauhati High Court today observed that the Congress leader had dragged an 'innocent lady' into the controversy to gain political mileage.
Noting that it is not a case of defamation simpliciter, a bench of Justice Parthivjyoti Saikia categorically remarked that a custodial interrogation was necessary in this case to identify Khera's associates who collected and provided him with documents to make foreign passport claims against CM's wife (Riniki Bhuyan Sarma).
The bench was also of the view that Khera had not proved beyond doubt that Mrs Sarma had passports of 3 other countries or that she opened a company in the United States of America and invested a large sum of money.
"If Mr. Khera had raised those accusations against the Chief Minister of the State, then the matter would have been a political rhetoric. But in order to gain political mileage, Mr. Khera has dragged an innocent lady into the controversy," the single Judge observed in its 9-page order.
For context, Khera is facing an FIR lodged by Mrs Sarma under Sections 175(false statement in connection with an election), 35, 36, 318 (Cheating), 338, (forgery of valuable will, security etc.), 337(Forgery of record of Court or of public register, etc.), 340(Forged document or electronic record and using it as genuine), 352(Intentional insult with intent to provoke breach of peace), 356(Defamation) of BNS.
The Telangana High Court had on April 10 granted one week transit anticipatory bail to Khera and permitted him to move before the concerned court. The anticipatory bail was filed in Hyderabad, wherein Khera is stated to have a residence.
Assam Police had thereafter moved the Supreme Court against this order, and on April 15, the Supreme Court, in its interim order, stayed the grant of transit anticipatory bail by the Telangana High Court.
The bench said that if Khera applies for anticipatory bail in the Court having jurisdiction in Assam, then the interim order passed by the Supreme Court will not have any adverse effect on the consideration of such an application.
On Friday (April 17), the Supreme Court also declined Khera's plea to vacate the stay imposed by it on the transit anticipatory bail granted to him by the Telangana High Court.
The Top Court had also turned down Khera's plea to extend the transit bail till next Tuesday so that he can approach the High Court on Monday.