Pawan Khera defamation case: The Gauhati High Court on Friday rejected Congress leader Pawan Khera’s anticipatory bail petition in connection with a criminal case filed by Assam Chief Minister Himanta Biswa Sarma’s wife over allegations related to multiple passports and undisclosed overseas assets.
A bench of Justice Parthivjyoti Saikia had reserved the order after hearing both sides on April 21. Today, the High Court rejected the bail petition.
During the hearing on Tuesday, Senior Counsel Abhishek Manu Singhvi, who appeared for Khera, 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 reiterated Singhvi’s submissions and dubbed the allegations against Khera as scandalous. “The manner, tenor, and packaging of the allegations unmistakably show that they were made with deliberate malice", he stated in the court.
A criminal case was registered against Khera by Sarma’s wife Riniki Bhuyan Sharma under multiple sections of the Bharatiya Nyaya Sanhita, including 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) after Khera alleged that the she possessed three passports of UAE, Egypt and Antigua-Barbuda, two properties in Dubai and assets in shell companies.
Assam Police later visited Khera’s residence in Delhi on April 7, but he was not present. He subsequently approached the Telangana High Court on April 10 for transit anticipatory bail, which granted interim protection for a week.
The Assam Police then moved the Supreme Court against the Telangana High Court’s order, and on April 15, the top court, in an interim order, stayed the grant of anticipatory transit bail.
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 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.
