Gauhati HC denies anticipatory bail to Pawan Khera in Assam CM’s wife case

The Gauhati High Court on Friday (April 24) declined to grant anticipatory bail to Congress leader Pawan Khera in a case stemming from an FIR lodged by Riniki Bhuyan Sharma, the wife of Assam Chief Minister Himanta Biswa Sarma. The complaint relates to allegations concerning her possession of multiple passports.

Justice Parthivjyoti Saikia, who heard the matter, had reserved judgment after detailed arguments from both sides on April 21. The court’s full reasoning has yet to be released.

Defence flags political motive

Representing Khera, senior advocate Abhishek Manu Singhvi argued that the circumstances surrounding the case pointed to political motivation, particularly with elections approaching. He referred to statements attributed to the Chief Minister and suggested they cast doubt on the fairness of the process.

"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, reported Live Law.

Also Read: SC refuses relief to Pawan Khera in case over remarks against Assam CM’s wife

Senior advocate KN Choudhary reiterated the defence put forward earlier, describing the allegations as “scandalous” in both form and intent.

"The manner, tenor, and packaging of the allegations unmistakably show that they were made with deliberate malice", he told the court, arguing that the accusations, even if taken at face value, did not justify the kind of criminal action initiated. At best, he said, the issue could amount to criminal defamation, which must be pursued through a private complaint.

State cites forgery, cheating charges

Assam’s Advocate General Devajit Lon Saikia opposed any relief for Khera, maintaining that the case cannot be reduced to defamation alone. He argued that it involves the alleged creation of fabricated documents and title deeds, with cheating and forgery forming the central offences.

Also Read: SC stays HC order granting 1-week transit anticipatory bail to Pawan Khera

On April 10, the Telangana High Court granted Khera transit anticipatory bail for one week, allowing him time to approach the appropriate forum. The plea had been filed in Hyderabad, where he is said to have a residence.

SC intervenes on transit bail

The Supreme Court intervened on April 15 and stayed that relief. At the same time, the bench clarified that if Khera moved for anticipatory bail before a court with jurisdiction in Assam, its interim order would not prejudice the consideration of that application.

Also Read: Telangana HC grants anticipatory bail to Pawan Khera over FIR by Assam CM’s wife

On April 17, the Supreme Court declined Khera’s request to vacate the stay on the transit bail granted by the Telangana High Court. It also refused his plea to extend that protection until the following Tuesday, so he could approach the Assam court on Monday.

The bench clarified that neither the Telangana High Court’s observations nor its own interim order should influence the court that ultimately considers Khera’s anticipatory bail plea.

FIR details and allegations

Against this backdrop, Khera approached the Gauhati High Court seeking anticipatory bail.

The FIR registered at the Guwahati Crime Branch Police Station invokes several provisions of the BNS, including those related to false statements in connection with elections, cheating, forgery of valuable security documents, falsification of public records, use of forged documents, intentional insult, and defamation.

The case stems from Khera’s public claim that Riniki Bhuyan Sharma, wife of Chief Minister Himanta Biswa Sarma, holds three passports.