• Source:JND

In a key development, the Gauhati High Court has rejected an anticipatory bail against Senior Congress leader Pawan Khera over his remarks on Assam Chief Minister Himanta Biswa Sarma's wife.

A bench of Justice Parthivjyoti Saikia had reserved the order after hearing both sides on April 21. Today, the High Court rejected the bail petition.

During the hearing on Tuesday, Senior Counsel Abhishek Manu Singhvi, who appeared for Khera, argued that CM Himanta’s alleged statement against Khera and submitted that his action smacked of political vendetta, especially in the context of upcoming elections.

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Khera's legal representative further asserted that the Congress leader is not a flight risk and that it's not necessary to arrest him. “On what basis can the petitioner expect fair treatment when the Chief Minister is breathing down his neck?" she added.

Senior Counsel KN Choudhary said the allegations against Khera are "scandalous." "The manner, tenor, and packaging of the allegations unmistakably show that they were made with deliberate malice," Chaudhary added.

What's The Case About?

Assam Chief Minister's wife Riniki Bhuyan Sharma registered a case against Congress leader Pawan Khera after the latter alleged that she possessed three passports of the UAE, Egypt, and Antigua and Barbuda; two properties in Dubai; and assets in shell companies.

The case filed against Khera comprises multiple sections of the Bharatiya Nyaya Samhita, 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), and 356 (defamation).

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On April 7, Assam Police visited Khera’s residence in Delhi, but he was not present. He subsequently approached the Telangana High Court on April 10 for transit anticipatory bail, which granted interim protection for a week.

Following this, Assam Police moved the Supreme Court against the Telangana High Court’s order, and on April 15, the top court, in an interim order, stayed the grant of anticipatory transit bail.

The bench claimed if Khera applies for anticipatory bail in the Court having jurisdiction in Assam, then the interim order passed by the Supreme Court may not hold any adverse effect on the consideration of such an application.

Khera's request to have the stay on the transit anticipatory bail that the Telangana High Court had granted him lifted was likewise denied by the Supreme Court on April 17.

The court had also turned down Khera’s plea to extend the transit bail till next Tuesday so that he can approach the Assam Court on Monday.

 

 


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