Gauhati HC rejects Pawan Khera's anticipatory bail plea

Guwahati, April 24: The Gauhati High Court has rejected the anticipatory bail plea of Pawan Khera in a case arising from his allegations against Assam Chief Minister Himanta Biswa Sarma’s wife.

Justice Parthiv Jyoti Saikia dismissed the application filed by Khera after he was directed by the Supreme Court of India to approach the High Court.

The case stems from a complaint filed by Riniki Bhuyan Sharma following allegations made by Khera at a press conference regarding multiple passports and undisclosed foreign assets.

The court noted that while the petitioner claimed his allegations were based on documents in his possession, the police maintained that the documents had already been found to be false.

''The claim of the Advocate General that the case of the petitioner falls within the category of the possession of forged documents or electronic records(Section 339 of the BNS) seems to have force in it,'' the judge said.

The court observed that the petitioner had not asserted that the police claims were fabricated after registration of the case.

It further noted that the allegations were directed against the Chief Minister’s wife, who does not hold public office.

''If Khera had raised those accusations against the chief minister, the matter would have been a political rhetoric. But in order to gain political mileage, he has dragged an innocent lady into the controversy,” the order stated.

The judge said the petitioner had not established his claims regarding possession of multiple passports or foreign investments.

The court held that the case could not be treated as one of defamation simpliciter and found prima facie material under provisions relating to possession of forged documents.

It observed that the petitioner had been avoiding investigation and that custodial interrogation was necessary to ascertain the source of the documents and the role of other persons.

The court also found no material to suggest that the case was intended to humiliate the petitioner through arrest.

Holding that Khera did not merit anticipatory bail, the court rejected the plea.

The petition had been argued by a team led by Abhishek Manu Singhvi, while Assam Advocate General Devajit Saikia opposed it.