The Gauhati High Court is now considering the anticipatory bail plea of Pawan Khera, a figure associated with the Congress party. This move follows a series of legal challenges and a previous rejection of his plea for interim protection by the Supreme Court. Khera is seeking to avoid arrest in connection with an FIR lodged by Riniki Bhuyan Sharma, wife of Assam Chief Minister Himanta Biswa Sarma.
Khera's legal team argued that he is not a flight risk and sought protection from arrest. However, the Supreme Court had previously directed him to seek relief from the courts in Assam. A local court in Guwahati also rejected a police request for a non-bailable warrant against Khera.
The core of the legal contention stems from Khera's public allegations made on April 5. He claimed that Riniki Bhuyan Sharma holds passports from three countries—the UAE, Egypt, and Antigua and Barbuda—and possesses undeclared foreign assets. Sharma, in turn, has initiated both criminal and civil defamation proceedings against Khera. Her team has suggested the allegations might be based on manipulated or AI-generated material, potentially linked to a Pakistani YouTube channel.
Read More: Supreme Court Questions FCC Fine Power
Legal Maneuvers and Judicial Stance
Khera's legal journey has involved multiple judicial interventions. Initially, he approached the Telangana High Court, which granted him a one-week transit anticipatory bail on April 10, allowing him to approach the courts in Assam. However, the Assam government challenged this order in the Supreme Court.
On April 15, the Supreme Court, in an interim order, stayed the anticipatory bail granted by the Telangana High Court. The apex court reiterated that Khera must approach a competent court in Assam for relief. Subsequent attempts by Khera's counsel to secure extended protection or vacate the stay were unsuccessful.
Separately, a Chief Judicial Magistrate's court in Guwahati had previously refused to issue a non-bailable warrant against Khera. The court observed that the police's request lacked sufficient supporting material and was based on conjecture. It also noted that for cognizable and non-bailable offenses under the Bharatiya Nyaya Sanhita, the police already possess the authority to arrest without a warrant.
Read More: Warsh Senate Hearing Today for Fed Chair Job
Background of the Case
The legal imbroglio began shortly after Khera's press conference on April 5. Assam police reportedly visited Khera's residence in Delhi on April 7 as part of their investigation. The charges against Khera include allegations of making false statements in connection with elections, cheating, defamation, forgery, and criminal conspiracy. The case was registered following his public claims regarding the passports and assets of the Chief Minister's wife, claims that have been refuted by Sarma and his wife as fabricated. The current proceedings before the Gauhati High Court are expected to determine Khera's immediate protection from arrest as the legal process unfolds.
