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Setback For Pawan Khera As Gauhati High Court Rejects Anticipatory Bail In Passport Case

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Key points generated by AI, verified by newsroom

  • Gauhati High Court denied Pawan Khera’s anticipatory bail plea.
  • Case involves allegations of multiple passports and forgery.
  • Congress leader argued political vendetta, Assam countered with serious charges.
  • Previous legal battles involved transit bail and Supreme Court stays.

The Gauhati High Court on Thursday rejected Congress leader Pawan Khera’s anticipatory bail plea in connection with an FIR lodged by Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sharma. The case pertains to allegations related to her holding multiple passports.

A bench led by Justice Parthivjyoti Saikia delivered the decision after reserving its verdict on April 21, following detailed arguments from both sides. The court is yet to release a detailed order outlining its reasoning.

Arguments Clash Over Nature of Allegations

Appearing for Khera, Senior Advocate Abhishek Manu Singhvi argued that the case was driven by political vendetta, citing alleged remarks by the Chief Minister against the Congress leader in the backdrop of upcoming elections, reported Live Law. 

Singhvi maintained that the matter, at most, amounted to criminal defamation, which should be pursued through a private complaint rather than a police case.

However, Assam Advocate General Devajit Lon Saikia opposed any relief, contending that the allegations go beyond defamation. He argued that the case involves serious offences such as fabrication of documents and title deeds, with cheating and forgery forming the core of the FIR.

Legal Battle Across Courts

The development follows a series of legal proceedings across multiple courts. On April 10, the Telangana High Court had granted Khera one week of transit anticipatory bail, allowing him to approach the appropriate court for relief.

Subsequently, Assam Police challenged the order before the Supreme Court. On April 15, the apex court stayed the Telangana High Court’s decision, halting the transit bail.

On April 17, the Supreme Court declined Khera’s request to vacate the stay or extend the transit bail period. The bench also clarified that neither the Telangana High Court’s observations nor its own interim order should influence the Gauhati High Court’s consideration of Khera’s anticipatory bail plea.

FIR Details and Charges

The FIR, registered at Guwahati Crime Branch Police Station, invokes multiple provisions under the Bharatiya Nyaya Sanhita (BNS), including Sections 175 (false statement in connection with an election), 318 (cheating), 338 (forgery of valuable security), 337 (forgery of public records), 340 (using forged documents as genuine), 352 (intentional insult), and 356 (defamation), among others.

Against this backdrop, Khera had approached the Gauhati High Court seeking anticipatory bail, which now stands rejected.

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