Gauhati High Court denies anticipatory bail to Pawan Khera
What's the story
The Gauhati High Court has denied anticipatory bail to Congress leader Pawan Khera. The decision was pronounced by Justice Parthivjyoti Saikia on Friday, after reserving the verdict on April 21. A criminal case of defamation, forgery and criminal conspiracy was recently filed against Khera by the Assam Police's Crime Branch in Guwahati after he alleged that Assam Chief Minister Himanta Biswa Sarma's wife, Riniki Bhuyan, has several foreign passports and undisclosed properties abroad.
Allegations
Case against Khera filed after he made allegations
The Assam Police had visited Khera's Delhi residence on April 7 in connection with his statement but he was not there. He later sought transit anticipatory bail from the Telangana High Court, which granted him a week's relief on April 10 to approach courts in Assam for bail. However, on April 15, the Supreme Court stayed this order on an appeal by the Assam government.
SC intervention
Supreme Court stayed transit bail granted to Khera
Khera then challenged this stay but the apex court refused to vacate it or extend his transit bail period. It directed him to approach the Gauhati High Court for relief instead. In his plea to the High Court, Khera argued that the allegations against him stem from statements made in a public and political context during a press conference. He claimed these were "selectively construed" to initiate criminal proceedings.
Legal arguments
Khera alleged FIR was filed to satisfy ulterior motive
"The petitioner...has been targeted for statements made in discharge of his public duties, and the impugned FIR constitutes an abuse of the process of law...and in furtherance of such ulterior motives, particularly at the instance of the complainant, who is closely connected to the incumbent Chief Minister," the plea said. Khera further claimed that he had brought the claims in an "interrogatory form" and hence could not have any role in the manufacturing of any fraudulent passports or property documents.