The plea arose from an FIR lodged at Guwahati Crime Branch Police Station after allegations involving Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma, and multiple passports.
The Gauhati High Court has rejected Congress leader Pawan Khera’s plea for anticipatory bail.
Khera sought protection in an FIR lodged by Riniki Bhuyan Sharma, wife of Assam Chief Minister Himanta Biswa Sarma. The case concerns allegations about her alleged possession of multiple passports.
Justice Parthivjyoti Saikia had reserved the order on April 21 after hearing both sides at length. The detailed order is awaited.
Senior Advocate Abhishek Manu Singhvi appeared for Khera.
He argued that the case reflected political vendetta, especially in view of the approaching elections. He referred to the alleged statement made by Chief Minister Himanta Biswa Sarma against Khera.
Singhvi questioned whether Khera could expect fair treatment in such circumstances.
“On what basis can the petitioner expect a fair treatment when the Chief Minister is breathing down his neck?” Singhvi submitted.
He also argued that Khera was not a flight risk. He said the police did not need to arrest him.
Senior Advocate KN Choudhary supported Singhvi’s submissions.
He described the allegations against Khera as scandalous.
“The manner, tenor, and packaging of the allegations unmistakably show that they were made with deliberate malice,” Choudhary submitted.
Khera’s counsel further argued that the case, at best, could amount to criminal defamation. They submitted that such a case can proceed only through a private complaint.
Advocate General, Assam, Devajit Lon Saikia opposed the plea.
He submitted that the case was not a simple defamation matter. According to him, the allegations involved the manufacture of documents and title deeds.
The State argued that cheating and forgery formed the dominant offences in the FIR.
he matter reached the Gauhati High Court after proceedings before the Telangana High Court and the Supreme Court.
On April 10, the Telangana High Court granted Khera one week’s transit anticipatory bail. It also permitted him to approach the competent court.
Khera had filed the plea in Hyderabad, where he is stated to have a residence.
The Assam Police later moved the Supreme Court against that order.
On April 15, the Supreme Court stayed the transit anticipatory bail granted by the Telangana High Court.
The Supreme Court, however, clarified one point. It said that if Khera filed an anticipatory bail plea before the court having jurisdiction in Assam, its interim order would not affect the consideration of that plea.
On Friday, April 17, the Supreme Court declined Khera’s request to vacate the stay.
The Supreme Court also refused to extend Khera’s transit bail till the following Tuesday.
Khera had sought the extension so that he could approach the Assam court on Monday.
The Court further clarified that two orders should not influence the competent court. These were the observations in the Telangana High Court’s order and the Supreme Court’s own stay order.
The competent court, the Supreme Court said, must consider Khera’s anticipatory bail plea independently.
Khera then moved the Gauhati High Court for anticipatory bail.
The FIR is registered at the Guwahati Crime Branch Police Station.
It invokes Sections 175, 35, 36, 318, 338, 337, 340, 352 and 356 of the Bharatiya Nyaya Sanhita.
Section 175 deals with false statement in connection with an election. Section 318 concerns cheating.
Section 338 deals with forgery of valuable will, security, etc. Section 337 relates to forgery of record of Court or public register, etc.
Section 340 concerns forged documents or electronic records and using them as genuine.
Section 352 deals with intentional insult with intent to provoke breach of peace. Section 356 relates to defamation.
Earlier this month, the Assam Police reached Hyderabad, Telangana, while looking for Khera.
Reports also stated that the Assam Police visited Khera’s residence in Delhi and conducted a search.
Khera has claimed that Riniki Bhuyan Sharma holds three passports.
Khera serves as Chairman of the Media & Publicity Department of the Congress party. He is also a member of the Congress Working Committee.
Senior Advocates Abhishek Manu Singhvi and KN Choudhary appeared for the petitioner.
Advocates Shariq Ahmed, Aman Wadud, Navneet Gautam and Tanuz Kashyap assisted them.
