Congress Leader Pawan Khera Approaches Gauhati High Court for Anticipatory Bail
Guwahati: In a significant legal development, All India Congress Committee (AICC) media and publicity chairperson Pawan Khera has formally moved the Gauhati High Court seeking anticipatory bail. This legal action comes in connection with a serious case registered against him involving allegations of forgery and criminal conspiracy.
The Case Background and FIR Details
The case against Khera originates from an FIR that was officially filed on April 6 at midnight. This FIR was lodged by Riniki Bhuyan Sharma, who is the wife of Assam Chief Minister Himanta Biswa Sarma. The complaint was registered at the Crime Branch Police Station under the jurisdiction of the Guwahati Police Commissionerate.
The legal action followed a press conference where Khera made specific allegations against Riniki Bhuyan Sharma. During this conference, Khera claimed that Riniki held passports from multiple countries including the United Arab Emirates, Egypt, and Antigua and Barbuda. Furthermore, he accused the Sarma family of owning a limited liability company based in the United States.
Current Legal Status and Court Proceedings
According to the case status available on the official Gauhati High Court website, Khera's petition for anticipatory bail was formally filed on April 20. The registry registered the petition earlier in the day for proper listing before an appropriate Bench that will hear the matter.
This development occurs just days after the Supreme Court of India made a crucial decision regarding Khera's legal protection. The apex court declined to grant Khera protection from arrest and refused to extend the duration of his transit anticipatory bail that had been previously granted.
Supreme Court's Recent Rulings and Observations
A Bench comprising Justices JK Maheshwari and Atul S Chandurkar issued an important order on April 17. In this order, the Supreme Court reiterated that Khera was "at liberty to apply immediately before the Court concerned" in Assam. The court specifically clarified that any such plea for anticipatory bail "shall not be adversely influenced" by its earlier order that stayed the transit bail previously granted by the Telangana High Court.
The Supreme Court emphasized that the competent court in Assam "shall decide the anticipatory bail application... on its own merits and on the basis of the material placed before it." This directive ensures that the Gauhati High Court will evaluate Khera's application independently without being prejudiced by previous rulings.
Earlier Supreme Court Intervention
Prior to this development, on April 15, the Supreme Court had taken the significant step of staying the Telangana High Court's order that had granted Khera transit anticipatory bail. In its observations, the Supreme Court noted that Khera's plea appeared to rely on what it described as "fabricated documents" to invoke jurisdiction. As a direct consequence of this stay order, Khera's interim protection from arrest was effectively vacated.
Legal Framework and Charges
The case against Pawan Khera stems from the FIR registered by Assam Police under specific provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. The charges brought against him include serious allegations of defamation, forgery, and criminal conspiracy. These charges specifically relate to the allegations Khera made against Riniki Bhuyan Sharma during his press conference.
The legal proceedings are now focused on the Gauhati High Court, where Khera's anticipatory bail application will be heard and decided based on the merits of the case and the evidence presented before the court.
