Congress leader Pawan Khera was booked in a defamation case filed by the Assam Police on a complaint by CM Himanta Biswa Sarma’s wife Riniki Bhuyan (File photo).
Congress leader Pawan Khera has been granted anticipatory bail in the defamation and forgery case filed by Assam CM Himanta Biswa Sarma’s wife Riniki Bhuyan Sarma. A bench comprising Justices JK Maheshwari and AS Chandurkar overturned the Gauhati High Court’s decision on denying him anticipatory bail, observing that the circumstances surrounding the matter reflected political rivalry and justified safeguarding Khera’s personal liberty.
The order read: “The Appellant [Pawan Khera] is directed to co-operate in the investigation and to appear before the police station as and when required and intimated.” Khera is also forbidden to leave India without a court order and directed to co-operate in the investigation and to appear before the police station as and when required and intimate.
Why was a case registered against Pawan Khera
The case was registered after Khera, during a recent press conference, alleged that Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan, possessed multiple foreign passports and held undisclosed assets overseas. Based on these claims, he was booked on charges of defamation, forgery and criminal conspiracy.
On April 7, Assam Police visited Khera’s residence in Delhi, but he was not present.
Khera subsequently moved the Telangana High Court seeking transit anticipatory bail. On April 10, the court granted him one week’s protection to approach courts in Assam for regular anticipatory bail.
However, on April 15, the Supreme Court stayed the Telangana High Court’s order after the Assam government challenged it. Two days later, on April 17, the apex court declined to extend the transit bail and directed Khera to seek relief from the Gauhati High Court.
Following this, Khera approached the Gauhati High Court.
What Khera argued in court
In his plea, he argued that the allegations stemmed from statements made during a press conference in a political and public setting, contending that his remarks had been selectively interpreted to trigger criminal proceedings.
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He also claimed that the FIR had been lodged to serve the “ulterior motive/political vendetta of the complainant”, referring to the Assam Chief Minister’s wife.
The Gauhati High Court dismissed his anticipatory bail plea on April 24.
The Gauhati High Court had held that Khera’s custodial interrogation was necessary to trace the source of the documents he relied upon to allege that Riniki Bhuyan held three foreign passports and owned a company in the United States.
It further observed that had the allegations been directed solely at the Chief Minister, they could have been viewed as political rhetoric, but noted that an “innocent lady” had been brought into the dispute.
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The court also said the matter went beyond a simple defamation case and noted that Khera had yet to substantiate his allegations.
Khera later challenged the High Court’s order before the Supreme Court, which has now granted him anticipatory bail.
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