Cong leader Pawan Khera moves Gauhati HC for bail in defamation case

Congress spokesperson Pawan Khera is seeking anticipatory bail in the Gauhati HC after being accused of defamation by Assam Chief Minister Himanta Biswa Sarma's wife, Riniki Bhuyan Sharma, over allegations of undisclosed assets and multiple passports.

Photograph: Manvender Vashist Lav/PTI Photo

IMAGE: Congress spokesperson Pawan Khera. Photograph: ANI Photo

Key Points

The case was filed by Riniki Bhuyan Sharma, alleging defamation related to passport and asset claims.
Khera faces charges under multiple sections of the Bharatiya Nyaya Sanhita.
The Supreme Court previously stayed a transit anticipatory bail granted by the Telangana High Court.
A local court in Guwahati rejected the Assam Police's plea for a non-bailable warrant against Khera.

Congress spokesperson Pawan Khera on Monday moved the Gauhati High Court seeking anticipatory bail in connection with a criminal case filed by Assam Chief Minister Himanta Biswa Sarma's wife Riniki Bhuyan Sharma over allegations related to multiple passports and undisclosed overseas assets.

Advocate KN Choudhury filed the petition on Khera's behalf after the Supreme Court stayed a seven-day transit anticipatory bail earlier granted by the Telangana High Court.

The petition was registered on the HC's website and has been listed for hearing on Tuesday.

Khera, the chairman of AICC's media and publicity, had alleged in two press conferences held in New Delhi and Guwahati on April 5 that the CM's wife possessed three passports of UAE, Egypt and Antigua-Barbuda, two properties in Dubai and assets in shell companies.

Following the allegations, Riniki Bhuyan Sharma filed criminal cases against Khera and others at the Guwahati Crime Branch police station the next day under multiple sections of the Bharatiya Nyaya Sanhita, including 175 (false statement in connection with an election), 35, 36, 318 (Cheating), 338, (Forgery of valuable will, security etc.), 337 (Forgery of record of court or of public register, etc.), 340 (forged document or electronic record and using it as genuine), 352 (Intentional insult with intent to provoke breach of peace), 356 (Defamation).

Legal proceedings and SC intervention

Assam Police later visited Khera's residence in Delhi on April 7, but he was not present. He subsequently approached the Telangana High Court for transit anticipatory bail, which granted interim protection for a week.

The Assam Police then moved the Supreme Court against the Telangana High Court's order, and on April 15, the apex court, in an interim order, stayed the grant of anticipatory transit bail.

In its order, the Supreme Court said that if Khera applies for anticipatory bail in the court having jurisdiction in Assam, then the interim order passed by it will not have any adverse effect on the consideration of such an application.

Current status and court decisions

Khera again appealed in the Supreme Court to vacate the stay it imposed on the transit anticipatory bail granted to him by the Telangana High Court, but it was turned down on Friday, and he was asked to approach the Gauhati High Court instead.

Meanwhile, a local court in Guwahati rejected the Assam Police's plea for issuance of non-bailable warrant (NBW) of arrest against the Congress leader.

The Chief Judicial Magistrate (CJM), Kamrup Metro, in his order stated that the grounds shown by the investigating officer (IO) for issuance of NBW were "entirely based on presumptions and conjectures and are not supported by any material on record".

Under Indian law, defamation can lead to both civil and criminal charges, with potential penalties including fines and imprisonment. The next stage in the investigation will likely involve gathering evidence to support or refute the allegations made by both parties. This case highlights the intersection of politics and personal reputation in India.