Gauhati High Court Denies Anticipatory Bail To Congress Leader Pawan Khera In FIR By Assam CM's Wife
The Gauhati High Court today REJECTED an anticipatory bail plea filed by Congress leader Pawan Khera in connection with an FIR filed by Assam CM Himanta Biswa Sarma's wife, Riniki Bhuyan Sharma, amid allegations related to her holding multiple passports.
A bench of Justice Parthivjyoti Saikia had reserved the final order after hearing both sides extensively on April 21. A detailed order is awaited.
Appearing for Khera, Senior Counsel Abhishek Manu Singhvi had argued that CM Himanta's alleged statement against Khera and submitted that his action smacked of political vendetta, especially in the context of upcoming elections.
"On what basis can the petitioner expect a fair treatment when the Chief Minister is breathing down his neck?" Singhvi had submitted, stressing that Khera isn't a flight risk and that there is no need for his arrest.
Senior Counsel KN Choudhary had reiterated Singhvi's submissions and described the allegations against Khera as scandalous. "The manner, tenor, and packaging of the allegations unmistakably show that they were made with deliberate malice", he submitted.
It was also contended that, at best, it is a case of criminal defamation, which can only be pursued through a private complaint.
On the other hand, Advocate General Assam Devajit Lon Saikia had opposed the grant of any relief to Khera, submitting that this is not a simple defamation case, as the matter involves the manufacture of documents and title deeds. He added that the dominant offences are cheating and forgery.
Background
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 Assam Court on Monday.
The bench had also clarified that neither the observations in the High Court's order nor the Supreme Court's stay order should influence the concerned Court while considering Khera's application for anticipatory bail.
In this background, Khera had moved the Gauhati High Court seeking anticipatory bail.
The FIR has been registered 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 at Guwahati Crime Branch Police Station.
Earlier this month, Assam police had reached Hyderabad, Telangana, looking for Khera. The Congress leader has claimed that the Assam CM's wife, Riniki Bhuyan Sharma, holds three passports. Khera is the Chairman of the Media & Publicity Department of the Congress party and is also a member of the Congress Working Committee.
According to reports, the Assam Police also visited Khera's residence in Delhi and conducted a search.
Senior Advocates Abhishek Manu Singhvi and KN Choudhury, assisted by Advocates Shariq Ahmed, Aman Wadud, Navneet Gautam and Tanuz Kashyap, appeared for the petitioner.