Gauhati High Court Reserves Judgment on Pawan Khera's Anticipatory Bail Application
The Gauhati High Court has reserved its final order regarding the anticipatory bail petition filed by Congress leader Pawan Khera. This legal proceeding is connected to a forgery and criminal case initiated against him by Riniki Bhuyan Sharma, the wife of Assam Chief Minister Himanta Biswa Sarma.
Extended Court Hearing and Legal Arguments
A single bench presided over by Justice Parthivjyoti Saikia conducted an extensive hearing that lasted for more than three hours before deciding to reserve the order. The bail plea was formally submitted to the court on Monday, setting the stage for Tuesday's significant legal confrontation.
Representing Pawan Khera, senior advocate Abhishek Manu Singhvi, assisted by advocate Kamal Narayan Choudhury, presented a vigorous defense. They argued that the entire case against Khera was politically motivated and constituted a clear act of vendetta by the ruling establishment. The defense team contended that the allegations were fundamentally lacking in substantive merit and were strategically designed to silence and intimidate a prominent political opponent.
State's Opposition and Allegations of Serious Offences
In strong opposition to the bail plea, Assam Advocate General Devajit Lon Saikia, appearing on behalf of the Assam Police, presented the state's case. He submitted that Pawan Khera was implicated in serious criminal offences, including forgery and cheating. The advocate general emphasized that the ongoing investigation had already uncovered prima facie evidence indicating deliberate wrongdoing by the accused.
Based on these findings, the state argued that custodial interrogation of Khera was absolutely essential for a thorough investigation. Therefore, the denial of anticipatory bail was presented as a justified and necessary measure to ensure the integrity of the judicial process.
Background and Previous Legal Proceedings
The case has a complex legal history that spans multiple jurisdictions. Earlier, the Assam state government had approached the Supreme Court challenging the relief granted to Pawan Khera by the Telangana High Court. This relief was connected to the same set of allegations made by Khera against the chief minister's wife.
The controversy originated from two consecutive press conferences held by Pawan Khera on April 7 in Delhi and Guwahati. During these events, he made specific allegations against Riniki Bhuyan Sharma, accusing her of holding passports from Egypt, the United Arab Emirates, and Antigua and Barbuda. He further alleged that she possessed assets in foreign nations. Both Chief Minister Himanta Biswa Sarma and his wife have categorically denied all these allegations.
On April 10, the Telangana High Court granted transit anticipatory bail to Khera, observing that his apprehension of arrest appeared reasonable under the circumstances. However, the court imposed several strict conditions, including mandatory cooperation with investigators, restrictions on foreign travel without prior permission, and a prohibition against making public statements that could potentially prejudice the investigation.
Supreme Court Intervention and Current Status
Following the Telangana High Court's decision, the Assam government moved the Supreme Court seeking cancellation of the granted relief. The apex court declined to provide any protection to Pawan Khera and instead advised him to present his bail petition before the Gauhati High Court, where the matter rightfully belonged. This directive led directly to Tuesday's hearing before Justice Parthivjyoti Saikia's bench.
The court has now reserved its final order on the anticipatory bail plea, leaving all parties awaiting a decisive ruling that will determine whether Pawan Khera will be granted protection from arrest or will face custodial interrogation as sought by the Assam Police. The outcome is being closely watched as it carries significant political and legal implications in Assam.
