Gauhati High Court denies anticipatory bail to Congress leader Pawan Khera in Assam Police FIR

The Gauhati High Court on Friday rejected Congress leader Pawan Khera's plea for anticipatory bail in the case recently registered against him by the Crime Branch of Assam Police in Guwahati..Justice Parthivjyoti Saikia had reserved the decision on Khera's bail plea on April 21. Today, the Court rejected the bail plea.It said that Khera's custodial interrogation was necessary to investigate the matter."There are no materials in this case to suggest that the accusations brought against the present petitioner are intended to injure and humiliate the applicant/petitioner by having him arrested," the Court added. .A criminal case alleging defamation, forgery and criminal conspiracy was recently registered against Khera.The case was registered following his recent claims that Assam Chief Minister Himanta Biswa Sarma’s wife Riniki Bhuyan holds multiple foreign passports and undisclosed assets abroad..Assam Police had visited Khera’s residence in Delhi on April 7 but he was not present there. Khera later approached the Telangana High Court seeking transit anticipatory bail.The High Court granted him a week's relief on April 10 to enable him approach the courts in Assam for anticipatory bail.On April 15, the Supreme Court stayed Telangana High Court's April 10 order on an appeal moved by Assam government.Khera then filed an application challenging the Supreme Court's ex-parte stay on the High Court's transit anticipatory bail order. However, the top court last week declined to vacate the stay and also refused to extend the transit bail period. It asked Khera to approach the Gauhati High Court instead..In his petition before the High Court, Khera argued that the allegations against him arise out of statements made in a public and political context during a press conference. He said that the same were "selectively construed" to initiate the criminal proceedings.Khera added that the FIR was registered to "satisfy ulterior motive/political vendetta of the complainant", who is the wife of the Assam Chief Minister."The Petitioner, being a prominent political figure and spokesperson, has been targeted for statements made in discharge of his public duties, and the impugned F.I.R. constitutes an abuse of the process of law, aimed at harassment and intimidation and in furtherance of such ulterior motives, particularly at the instance of the complainant, who is closely connected t o the incumbent Chief Minister of the State of Assam," the plea said.Khera also claimed that he had raised the allegations in an "interrogatory form" and thus could not have any role in the manufacturing of any fraudulent passports or property documents..Senior Advocates Abhishek Manu Singhvi and Kamal Nayan Choudhury along with advocates Shariq Ahmed Abbasi, Aman Wadud and Aminur Rahman appeared for Khera. Advocate General D Saikia appeared for the State..[Read Order]